Ex parte REYNOLDS - Page 6




               Appeal No. 1997-2364                                                                                             
               Application 08/137,086                                                                                           
               di or trivalent metal ion; and diafiltering the digested solution, maintaining the metal ion                     
               concentration at a level effective to keep the selected phosphopeptides in aggregate form,                       
               and using a  molecular weight exclusion limit effective to retain at least the selected                          
               phosphopeptides and allow the bulk of the remaining phosphopeptides to pass into a                               
               filtrate.  Although the “selected phosphopeptides” are not defined in the claim, it is clear                     
               that they represent a subset of the total phosphopeptides in the digested solution, and that                     
               the molecular weight exclusion limit and the metal ion concentration during diafiltration are                    
               coordinated to permit separation of the hydrolysate into two fractions: one containing the                       
               selected phosphopeptides, and another containing both the remaining phosphopeptides                              
               and non-phosphorylated peptides.                                                                                 
                      Returning to Brule’s method, we find that a soluble monovalent cation salt of                             
               phosphocaseinate                                                                                                 
                      is subjected to enzymatic hydrolysis by means of at least one proteolytic                                 
                      enzyme . . . the thus obtained hydrolyzate is subjected to at least one                                   
                      ultrafiltration step on membranes which allow all the peptides in the                                     
                      hydrolyzate to pass in the permeate; the permeate is added with at least one                              
                      bivalent cation salt capable of forming aggregates with the phosphorylated                                
                      fraction of said peptides, this leading to a solution which essentially contains                          
                      aggregates of phosphopeptides and non phosphorylated peptides; and                                        
                      separation is effected by at least one ultrafiltration step between the non                               
                      phosphorylated peptides and the phosphopeptides, the latter having a larger                               
                      particle size, by bringing the solution into contact with at least one membrane                           
                      capable of retaining said phosphopeptides (column 4, lines 7-25).                                         
                      Brule teaches that “the amount of [bivalent cation salt] . . . is not critical,” and “it rests            
               with those skilled in the art to select the bivalent compounds and amount thereof to be                          


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