Ex parte KILBANE II - Page 2




          Appeal No. 96-3687                                                          
          Application 08/008,212                                                      


               The subject matter relates to a method for the selective               
          adsorption of PCBs.  Claim 9, the only independent claim, is                
          illustrative of the appealed claims and reads as follows:                   
               9.  A method for selective adsorption of PCBs comprising the           
          steps of:                                                                   
               mixing at least one proteinaceous material with a molar                
          excess of at least one PCB congener mixture forming a protein/PCB           
          congener mixture;                                                           
               drying said protein/PCB congener mixture;                              
               extracting each of said PCB congeners from said dried                  
          protein/PCB congener mixture forming a biosorbent in the form of            
          an imprinted protein; and                                                   
               contacting a PCB-containing environment with said imprinted            
          protein resulting in selective adsorption of said PCBs.                     
               Appellant acknowledges in his brief that claims 9-17 stand             
          or fall together.  Accordingly, we will limit our consideration             
          to independent claim 9.                                                     
               The references relied on by the examiner are:                          
          Mosbach                            5,110,833      May  5, 1992              
          Mattingly et al. (Mattingly)       5,145,790      Sep. 8, 1992              
          Dabulis et al. (Dabulis), "Molecular Imprinting of Proteins and             
          Other Macromolecules Resulting in New Adsorbents," Biotechnology            
          and Bioengineering, John Wiley & Sons, Inc., Vol. 39, pages 176-            
          185 (1992).                                                                 
               Claims 9-17 stand rejected under 35 U.S.C. § 103 as                    
          unpatentable over Mosbach or Dabulis in view of Mattingly.  We              
          will not sustain these rejections.  We agree with the appellant             

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