Appeal No. 1996-0223
Application No. 07/931,563
induces a stabilized conformational state of the protein that is not recognized by the
antibody, which again disrupts the protein-antibody complex. [Brief, pages 1-2.]
According to the specification, this releasing step is specific and mild in contrast to the non-specific,
harsh conditions under which proteins are conventionally eluted from immunoaffinity columns, thereby
providing a high degree of protein purification without the risk of denaturation and loss of biological
activity (pages 6-7).
OPINION
I. Rejection of claims 10, 11 and 13-15 under 35 U.S.C. § 102 as anticipated by Zimmerman.
Anticipation requires that all elements of the claimed invention be described, either expressly or
under the principles of inherency, in a single prior art reference. In re Paulsen, 30 F.3d 1475, 1478-
79, 31 USPQ2d 1671, 1673 (Fed. Cir. 1994); In re Spada, 911 F.2d 705, 708, 15 USPQ2d 1655,
1657 (Fed. Cir. 1990).
Claims 10, 11 and 13-15 all require use of an antibody which binds to a vitamin K-dependent
protein in its non-metal complexed or “non-stabilized conformational” state but does not bind to the
protein in its metal complexed or “stabilized conformational” state. Zimmerman describes separation
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