Appeal No. 1996-0826
Application No. 08/271,583
that the requisite hydrogen peroxide component of the cidal system could be endogenously supplied,
e.g., by the animal’s own phagocytes or tissues (Klebanoff (31) and Belding), because Hasegawa
observed that a composition comprising MPO
and an alkali metal halide in a specific ratio can be an effective antimicrobial against microorganisms
with diminished or no catalase synthesizing activity, even in the absence of hydrogen peroxide (page
1, lines 65-73) and (b) that catalase activity might at least partially reduce the cidal activity of the
MPO/halide/hydrogen peroxide system by reducing endogenous hydrogen peroxide from the tissue
because it is well-known that calatase catalyzes the decomposition of hydrogen peroxide in animal
tissue. Moreover, as argued by the appellant, Klebanoff (01) “teaches the killing of Lactobacillus6
acidophilus, which is a component of normal flora in humans (see page 2136...)” by the MPO-halide-
hydrogen peroxide antibacterial system (supplemental brief, page 11). This last argument based on
Klebanoff (01) has not been rebutted by the examiner.
Accordingly, we find that the examiner has not set forth a factual basis which is sufficient to
support a conclusion of prima facie obviousness of claims 1-3, 5-15, 17, 19-28 and 59-60 over
Lehrer, Klebanoff (31) or Belding taken with Kanofsky and Clark and further in view of Hasegawa.
6See the copy of White, Handler and Smith, PRINCIPLES OF BIOCHEMISTRY, page 381 (fourth edition
1968) attached to this decision.
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