Appeal No. 2002-0780 Page 6
Application No. 09/128,340
process of making a yeast protein isolate in which endogenous nuclease is used
to hydrolyze the nucleic acid so that the nucleic acid fragments can be separated
from the protein by precipitation of the protein.” Robbins, column 2, lines 40-44.
To produce a protein isolate with reduced nucleic acid content, Robbins discloses
(column 4, lines 3-5), the “incubation of the endogenous nuclease is done at
40°C to 60°C….”
Based on the forgoing analysis of the references of record, we make the
following observations.
1. Is Robbins properly combined with Buck and Robson?
As discussed above, it appears that Robbins was interested in hydrolyzing
nucleic acid from yeast to produce a yeast protein isolate with reduced nucleic
acid content. In contrast, Robson and Buck were interested in disrupting
Mycobacteria tuberculosis in order to analyze nucleic acid. It would seem that
Robbins’ method of hydrolyzing nucleic acid would be inconsistent with the
methods of Robson and Buck.
Furthermore, the examiner relies on Robbins to teach, “adjusting the
disrupted cells at an alkaline pH between 8 and 11….” Answer, page 5. We
emphasize however, that contrary to appellants’ claim 1 which requires the cells
to be in a liquid at an alkaline pH prior to disruption, Robbins adjust the pH of the
homogenate (the material after disruption of the cells). According to Robbins
(column 3, lines 28-32), the yeast cells are homogenized at a pH of 4.5-6.5.
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