Appeal No. 95-5155
Application 07/855,805
fruit or seeds of Apocynacea Thevetia peruviana (Balsam,
Abstract). We find Balsam’s teaching non-analogous to the
invention here claimed. In re Wood, 599 F.2d 1032, 1036, 202
USPQ 171, 174 (CCPA 1979).
Moreover, even assuming Balsam is analogous prior art, we
are at a loss to understand how Balsam’s teaching to comminute
and ferment Apocynacea Thevetia peruviana seeds to facilitate
extraction of therapeutic peruvoside would have led persons
having ordinary skill in the art to do what Lee indicates
(page 761, abstract) and its counterpart Hammond expressly
states (col. 3, l. 44-50) should not be done, i.e., comminute
lipase-containing seeds used to hydrolyze oleaginous
materials.
REVERSED
WILLIAM F. SMITH )
Administrative Patent Judge )
)
)
)
FRED E. McKELVEY ) BOARD OF PATENT
Senior Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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)
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