Appeal No. 1999-1271
Application No. 08/467,883
lines 22-28), then 80% ethanol was added to precipitate “major outer membrane
protein-containing material.” Col. 4, lines 27-32. P2 was then further purified.
Loeb discloses a method of isolating H. influenzae outer membrane
protein P1.1 See pages 2612-2613. In Loeb’s method, H. influenzae cells are
treated to produce a preparation rich in outer membranes, then that preparation
is treated with NaCl and a nonionic detergent to extract the P1 from the
membranes. Page 2613, left-hand column. The extract was then subjected to
further purification. See id.
Munson discloses a method of isolating H. influenzae outer membrane
protein P6. See pages 544-545. Munson discloses that “P6 was the only Hib [H.
influenzae type b] protein insoluble in 1% SDS-0.1 M Tris-0.5 M NaCl-0.1% ß-
mercaptoethanol (ßME) (pH 8.0) at 37°C (buffer B).” Page 544. Munson
discloses purification of P6 by precipitation in buffer B. See id.
Thus, each of Kuo, Loeb, and Munson teaches a method for purifying one
of the H. influenzae outer membrane proteins P1, P2, and P6. The examiner
concluded that “it would have been prima facie obvious to one of ordinary skill in
the art at the time the inve ntion was made to combine the purification processes
of Kuo et al., Loeb et al. [sic], and Munson et al. into a single isolation scheme.”
Examiner’s Answer, page 5.
1 Loeb refers to P1 as “protein a.” See page 2612, left -hand column (“protein a is equivalent to
P1.”).
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