Appeal No. 1999-1271
Application No. 08/467,883
The examiner relies on the following references:
Kuo et al. (Kuo) 5,192,540 Mar. 9, 1993
Munson et al. (Munson), “Purification and Partial Characterization of Outer
Membrane Proteins P5 and P6 from Haemophilus influenzae Type b,” Infection
and Immunity, Vol. 49, No. 3, pp. 544-549 (1985)
Loeb, “Protection of Infant Rats from Haemophilus influenzae Type b Infection by
Antiserum to Purified Outer Membrane Protein a,” Infection and Immunity, Vol.
55, No. 11, pp. 2612-2618 (1987)
Claims 29-46 stand rejected under 35 U.S.C. § 103 as obvious over the
combined disclosures of Kuo, Loeb, and Munson.
We reverse.
Discussion
Appellants’ specification discloses a method of isolating three outer
membrane proteins, known as P1, P2, and P6, from a single preparation of
Haemophilus influenzae cells. See pages 13-17. The claims on appeal are
directed to this method.
The examiner rejected the claims as obvious over Kuo, Loeb, and
Munson. Kuo discloses a method of isolating H. influenzae outer membrane
protein P2. See column 2, lines 32-35. In Kuo’s method, H. influenzae cells
were lysed and mixed with 2% hexadecyltrimethylammonium bromide; the
soluble components were then removed and the P2-containing precipitate was
resuspended in CaCl2 solution. Col. 4, lines 12-22. Ethanol (20%) was then
added to selectively precipitate some components, leaving P2 in solution (col. 4,
3
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