Ex Parte BakaltchevaDownload PDFPatent Trial and Appeal BoardMay 22, 201311503371 (P.T.A.B. May. 22, 2013) Copy Citation 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 cdc Copy with citationCopy as parenthetical citation