Appeal 2006-2372
Application 10/854,708
v. determining the difference between the baseline count of
platelets in the sample before and after the addition of the
activation agonist, which represents a measure of the activity
of the platelets in the original sample
In addition, claim 1 requires that the sample include D-phenylalanyl-
L-prolyl-L-arginine chloromethyl ketone (PPACK) as an anti-coagulant,
prior to the addition of the activation agonist.
The Examiner finds that Jennings teaches a method for assessing
platelet aggregation that comprising the steps of:
(a) obtaining a blood sample from an individual;
(b) combining the blood sample with an anticoagulant;
(c) separating the blood sample into two tubes (a baseline tube and a
second tube);
(d) counting platelets in the baseline tube;
(e) adding a platelet agonist to the sample in the second tube to
activate the activatable platelets;
(f) counting unactivated platelets in the second tube; and
(g) determining the difference between the platelet count in the
baseline tube with the platelet count in the second tube to obtain a
measure of the percent aggregation of platelets in the blood
sample.
(Answer 3-4.) In addition, the Examiner finds that Jennings teaches that the
preferred anticoagulant for use in the method is PPACK.
The Examiner recognizes that Jennings fails “to teach the use of the
same sample to obtain both the baseline count and the count of unactivated
platelets after combination with the agonist” (Answer 4). However, based
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Last modified: September 9, 2013