Appeal No. 96-4150
Application 08/201,740
The claims on appeal are directed to a method of resolving a mixture of optical
isomers comprising the step of contacting the mixture with a separating agent comprising an
ovomucoid bonded to a carrier wherein the molecular structure of the ovomucoid has been
partially modified by glutarization, diolation or acylation. The examiner rejected the appealed
claims under 35 U.S.C. § 103 over the combined teachings of Miwa (U.S. Patent No.
5,030,354), Kitayma (U.S. Patent No. 4,830,921) and Cozzette (U.S. Patent No. 5,063,081).
We have carefully considered the respective positions advanced by appellants and the
examiner. We find ourselves in agreement with appellants that the applied prior art fails to
establish a prima facie obviousness of the claimed subject matter. While Miwa discloses a
method of separating optical mixtures with a separating agent comprising ovomucoid bonded
to a carrier, neither Miwa nor Kitayma or Cozzette teach or suggest modifying the molecular
structure of the ovomucoid to be used for separating optical isomers by glutarization, diolation
or acylation. In his answer, the examiner finds that it would have been obvious to use a cross-
linking agent such as glutaraldehyde to solve a stability problem referred to at col.1, line 64
to col. 2, line 3 of Miwa. We do not agree. Miwa refers to the deteriorative effect of solvent
on separating agents such as albumin and orosomucoid. We find no suggestion or teaching
that solvents have a deteriorating effect on ovomucoid, let alone a suggestion of using a
glutaraldehyde as a cross-linking agent to modify ovomucoid.
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