Ex Parte Bakaltcheva

Patent Trial and Appeal Board

May 22, 2013

11503371 (P.T.A.B. May. 22, 2013)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
11/503,371 08/14/2006 Irina B. Bakaltcheva 8146.003.US 8876
28694 7590 05/22/2013
NOVAK DRUCE CONNOLLY BOVE + QUIGG LLP
1875 I ST NW
SUITE 1100
WASHINGTON, DC 20006-5409
EXAMINER
SAUCIER, SANDRA E
ART UNIT PAPER NUMBER
1657
MAIL DATE DELIVERY MODE
05/22/2013 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)

UNITED STATES PATENT AND TRADEMARK OFFICE
__________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
__________

Ex parte IRINA B. BAKALTCHEVA
__________

Appeal 2011-009982
Application 11/503,371
Technology Center 1600
__________

Before DONALD E. ADAMS, DEMETRA J. MILLS, and
LORA M. GREEN, Administrative Patent Judges.

MILLS, Administrative Patent Judge.

DECISION ON APPEAL

This is an appeal under 35 U.S.C. § 134. The Examiner has rejected
the claims for obviousness. We have jurisdiction under 35 U.S.C. § 6(b).
Appeal 2011-009982
Application 11/503,371

2
STATEMENT OF CASE
16. A method of preparing lyophilized platelets, comprising
stabilizing platelets from a donor by contacting the platelets with at least one
selected from the group consisting of glyceraldehyde, glyceraldehyde dimer,
or glyoxal or genipin or combinations thereof at 30-40°C for a period of 1-3
hours, followed by washing the platelets to remove the glyceraldehyde,
glyceraldehyde dimer or glyoxal or genipin , suspending the washed
platelets in a pH buffered protein solution, and freeze drying the suspended
platelets.

Cited References

Read et al. US 5,651,966 Jul. 29, 1997
Sung et al. US 6,624,138 B1 Sep. 23, 2003

Grounds of Rejection
Claims 16, 19-25, 30, 32-35 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Read in view of Sung.

ANALYSIS
We agree with the Examiner’s fact finding, statement of the rejection
and responses to Appellant’s arguments as set forth in the Answer. We find
that the Examiner has provided evidence to support a prima facie case of
obviousness.
We have reviewed and considered Appellant’s arguments as set forth
in the Brief. Upon consideration of Appellant’s arguments, we affirm the
Examiner’s rejection with respect to the elected species, glyceraldehyde (see
Ans. 3-4), for the reasons of record.

Appeal 2011-009982
Application 11/503,371

3
CONCLUSION OF LAW
The cited references support the Examiner’s obviousness rejection.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).

AFFIRMED

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