Appeal No. 95-4448
Application 08/070,434
Hsu is directed to an aqueous two phase system for separation and purification of biochemicals and optical
isomers while Miwa is directed to forming a solid phase system for
separating optical isomers. We do not find this argument persuasive because Hsu discloses that conalbumin
and bovine serum albumin have chiral resolving properties. A chemical compound and its properties are
inseparable. In re Papesch, 315 F.2d 381, 391, 137 USPQ 43, 51 (CCPA 1963). Therefore, a person
having ordinary skill in the art would have a reasonable expectation that conalbumin, like bovine serum
albumin, if bonded to a silica gel or agarose support will resolve optical isomers. Accordingly, we conclude
that the examiner has made out a prima facie case of obviousness over the combined teachings of Miwa
and Hsu, and that appellants have not presented sufficient argument or offered any objective evidence to
rebut the prima facie case.
REJECTION OF CLAIMS 3 AND 4
The examiner rejected claims 3 and 4 under 35 U.S.C. § 103 as being unpatentable over Miwa
in view of Hsu and Mikes. We will reverse this rejection because the examiner has not established a prima
facie showing that a chemically modified conalbumin would function as a separating agent. The examiner’s
reliance on Mikes is insufficient. While Mikes discloses that glutaraldehyde will cross-link its aldehyde
groups with a free amido group present in polyacrylamide and that certain polyacetals can bind proteins
through amino groups, claim 4 requires the chemically modified conalbumin to be linked with
glutaraldehyde. None of the references relied upon by the examiner shows a chemically modified
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