Appeal No. 96-2149
Application 08/135,207
Iwamura 4,428,876 Jan. 31, 1984
Appellants' claimed invention is directed to a process for producing an isoflavone
enriched protein isolate. According to page 1 of the specification, it was known in the art
to remove residual isoflavones that are left in precipitated protein isolate by exhaustive
washing of the isolate. Since "[i]t has been recently been recognized that the isoflavones
contained in vegetable proteins such as soy beans may inhibit the growth of human cancer
cells" (page 2 of the specification), appellants depart from the prior art practice of
exhaustively washing the protein isolate in order that the residual isoflavones remain in
tact. According to the last sentence at page 6 in the specification, "[i]n the present
invention, washing of the precipitated protein material is either avoided entirely or
minimized in order to substantially reduce removal of the isoflavones from the protein
precipitate to thereby provide an isoflavone enriched isolate."
Appellants submit five groups of claims at page four of the brief. Accordingly, the
appealed claims in each of the five groups stand or fall together..
The appealed claims stand rejected under 35 U.S.C. § 102(b) as follows:
(1) Claims 1, 4 and 15 over Iwamura;
(2) Claims 1-6 and 15 over Walsh;
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