Ex parte SARIN et al. - Page 4




              Appeal No. 94-3867                                                                                         
              Application 07/808,075                                                                                     


              54) or the carboxyl end terminal amino acid residue of the SP-C (claim 62).                                
              A second aspect of the claimed invention is a method for treating hyaline membrane                         
              disease or other syndromes associated with insufficient or abnormal surfactant material                    
              which comprises administering an effective amount of the composition of either claim 54                    
              or claim 62.  See, e.g., claims 60 and 68.                                                                 
                     Whitsett describes a purified composition of matter which comprises at least one                    
              lipid and an SP-C.  The SP-C of Whitsett is not covalently linked with a fatty acid.  See,                 
              e.g., the paragraph bridging pages 7-8 of Whitsett.  The compositions of Whitsett are                      
              useful for treating hyaline membrane disease (HMD).  See, e.g., the last full paragraph of                 
              page 9 of Whitsett.                                                                                        
                     Sokol describes a procedure for reacting a protein with an organic acid.  The fatty                 
              acids which maybe used in the procedure of Sokol include some of those required by the                     
              claims on appeal.  See, e.g., column 1, lines 46-68 of Sokol.  The proteins used in the                    
              procedure of Sokol are described at column 1, lines 37-45 as follows.  The products                        
              produced by Sokol are intended to be used “in cosmetics and other applications where                       
              contact with the skin occurs”  (column 1, lines 9-14).                                                     
                     The examiner believes that it would have been obvious to one of ordinary skill in the               
              art to modify the SP-C protein of Whitsett by covalently linking it with a fatty acid on                   




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