Appeal No. 2006-1226 Page 4
Application No. 10/272,382
each of the references provides the chemical formula for the disclosed complex:
“CuC5H7NO4.2H2O” in Gramaccioli et al., “ZnC5H7NO4.2H2O” in Gramaccioli. This
formula indicates that the glutamate molecule in each complex must have the following
structure:
COO–
|
NH2 – CH
|
CH2
|
CH2
|
COO–
This structure corresponds to the chemical formula shown in the abstracts of the
references (minus the metal atom and the two molecules of water) and also with the
chemical structure shown in Figure 1 of each of the references and Figure 2 of
Gramaccioli et al. (The figures leave out the hydrogen atoms shown above but the
seven hydrogens shown in the chemical formula must be distributed as shown to
maintain the correct valence of each of the heavier atoms.)
The chemical formula disclosed by the Gramaccioli references does not include
any negatively charged counterion (anion), nor does it indicate that the zinc atom and
glutamate molecule are present in anything other than a one-to-one ratio. Thus, the
complexes disclosed by the Gramaccioli references appear to consist of the glutamate
molecule shown above (with two negative charges) combined with one zinc or copper
atom (with a charge of +2) and two water molecules (which are electrically neutral).
Therefore, we agree with the examiner that each of the Gramaccioli references
reasonably appears to disclose a “1:1 neutral complex of an essential trace element
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