Appeal No. 95-4448
Application 08/070,434
appellants define “chemically modified conalbumin” in the present invention as meaning a “conalbumin which
is partially chemically converted by cross-linkage with glutaraldehyde, conversion into diol, acylation or
modification with glutaraldehyde followed by reduction.” Appellants do not appear to consider conalbumin
as being generic and including chemically modified conalbumin, but a different compound prepared from
conalbumin. However, claim 3 states “wherein
said conalbumin [recited in claim 1] is a chemically modified conalbumin.” This would imply that the
chemically modified conalbumin is a specie of conalbumin which appellants’ disclosure would appear to
indicate otherwise.
2. Claim 4 specifies that “the chemically modified conalbumin is cross-linked with
glutaraldehyde, reduced and cross-linked with glutaraldehyde, converted into a diol, or aceylated.” This
recitation is inconsistent with the specification which states that conalbumin, and not the chemically modified
conalbumin, is modified by cross-linking with glutaraldehyde, converted into a diol, or aceylated. In
addition, the specification states that conalbumin is modified with glutaraldehyde followed by reduction as
opposed to the apparent claimed steps of reduction followed by cross-linking.
Conclusion
For the reasons given above, the rejection of claims 1-3 and 5 under 35 U.S.C. § 103 as being
unpatentable over Miwa and Hsu is affirmed while the rejection of claims 3 and 4 under 35 U.S.C. § 103
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