Ex parte CHRISTNER et al. - Page 4




                   Appeal No. 1998-1720                                                                                                                             
                   Application No. 08/384,239                                                                                                                       
                   surface active agents, or by an increase in the pH value” (page 1).  The present invention is                                                    
                   directed to a powdered or granulated preparation containing a tannin-protease complex                                                            
                   and up to 99.9 percent by weight of a water soluble salt, whereby the active enzyme is                                                           
                   released from the complex when the preparation is dissolved in water, without the need for                                                       
                   organic solvents or surfactants (page 3).                                                                                                        
                                                                       DISCUSSION                                                                                   
                   Rejection I                                                                                                                                      
                            Claims 2 and 9 on appeal are directed to a surface-active agent-free powdered or                                                        
                   granulated enzyme preparation, consisting of a tannin-protease complex and 80 to 99.9                                                            
                   percent by weight of at least one salt, wherein the protease remains in inactive form until                                                      
                   released from the complex “by the salt” when the powdered or granulated preparation is                                                           
                   dissolved in water.                                                                                                                              
                            According to the examiner, Thomas, Geyer and Töpfer “all teach tannin-protease                                                          
                   complexes . . . for several different utilities,” while Green, Borello and Tang teach the                                                        
                   addition of diluent salts . . . to enzyme preparations . . . as extenders in hydrolytic                                                          
                   processes.”  “Consequently, it would have been obvious to one of ordinary skill in the art . .                                                   
                   . to add a diluent salt to the enzyme preparations of [Thomas, Geyer and Töpfer] in view of                                                      
                   the teaching that such an addition is and was old and well known in the art and beneficial                                                       
                   for the application of hydrolases.”  Examiner’s Answer, fourth page.2                                                                            

                            2The pagination of the Examiner’s Answer is incorrect; the first, second and third                                                      
                                                                                                                              (continued...)                        
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