Appeal No. 95-4890
Application 08/035,002
stirring 640 parts of a dilute solution of
lactic acid in water (1.2% lactic acid).
The resulting dispersion of swollen
collagen fibrils is homogenized and
filtered through a 7-mil filter screen.
Thus, to determine the percent by weight of collagen solids
contained in the oil-in-water emulsion of Example V, one would
have to obtain U.S. Patent No. 3,123,482, review Example I
therein, and make an appropriate calculation. On this record,
neither applicants nor the examiner have done so.
Be that as it may, there is a factual basis on this
record to conclude that the percent by weight of collagen
solids in the oil-in-water emulsion of Example V is identical
or substantially identical to the percent by weight of
insoluble protein recited in claim 12. See column 1, lines 59
through 62 of Nichols, stating that
Preferably, the amount of collagen present
in said composition will amount to from
about 0.2% to about 0.9% by weight
(calculated on the basis of dry collagen
solids).
That preferred range brackets the lower end of the range
recited in claim 12, i.e., 0.5% by weight of insoluble
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