Appeal No. 2006-1163
Application 09/761,143
Specification FIG. 5 illustrates “the steps in the method of producing the preferred isolate
as described in Examples 1 and 2,” with the process leading to “[t]he isolated mixture of
anthocyanins, bioflavonoids and phenolics” further described generally and in Examples 1 and 2
with Balaton and Montmorency cherries (id., page 6, ll. 34-36, page 8, ll. 3-30, page 11, ll. 12-
35, and Examples 1 and 2, particularly, page 12, l. 11, to page 13, l. 6, and page 13, ll. 14-15, 23-
24 and 27-30). Specification Example 4 reports the separate testing of and separate results for
“the mixture containing anthocyanins 1-3 (Figure 1),” and “[t]he aglycon cyanidin,” and that
“anthocyanins are hydrolyzed in the gut of a mammal to cyanidin and other compounds,” (id.,
page 15, ll. 2-18). It is further reported that “[a]nthocyanins 1-3 were purified from Balaton tart
cherry by HPLC and were identified by 1H and 13C NMR spectral data,” and “[t]o prepare
cyanidin, the anthocyanin mixture containing 1-3 (Figure 1 . . . ) was stirred with 3N HCL . . .
[and] the reaction mixture was purified on a XAD-4 column as in the preparation of
anthocyanins,” wherein the eluted “MeOH solution of cyanidin . . . evaporated to dryness” (id.,
page 16, ll. 14-23). In specification Example 6, “[t]he composition of Example 1 and 2 were
tested for anti-inflammatory activity (id., page 21, ll. 27-28).
We find that the terms “aglycone cyanidin” and “aglycon cyanidin” used by appellants
(specification, page 6, ll. 2-3 and 28-29), refer to “cyanidin,” that is, the structure contains a
hydroxyl group in the 3 position as appellants disclose (specification, page 6, ll. 28-29). The
compound cyanidin per se is known to be prepared by the acid hydrolysis of cyanin chloride and
isolated from bananas 4 However, the terms “aglycone” or “aglycon” have the accepted meaning
that the compound so referred to is the product of the hydrolysis of the corresponding glycoside,
with “aglycon cyanidin” as a typical example.5 In this respect, we note that Dekazos refers
separately to “cyanidin” and to “cyanidin aglycone,” apparently in line with this distinction
(page 237, cols. 1 and 2). Indeed, as the examiner points out, the only references to the
4 Monograph 2755. Cyanidin Chloride, The Merck Index 452 (Twelfth Ed., Whitehouse
Station, NJ, Merck & Co., Inc., 1996),
5 See, e.g., “aglycone. A nonsugar hydrolytic product of a glycoside.” The Condensed Chemical
Dictionary Tenth Edition 25 (Gessner G. Hawley, New York, Van Nostrand Reinhold Company.
1981); “aglycon The nonsugar compound resulting from the hydrolysis of glycosides; an
example is . . . cyanidin.” McGraw-Hill Dictionary of Scientific and Technical Terms 47 (Sybil
P. Parker, ed., New York, McGraw-Hill, Inc. 1994).
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