Appeal No. 2004-0450 Page 2
Application No. 09/785,936
forming an aqueous slurry of a vegetable protein material and an enzyme
preparation containing an acid phosphatase enzyme and a phytase enzyme, wherein
said enzyme preparation is present in said slurry in an amount relative to the protein
material of from about 0.1% to about 10% by weight of the protein material (dry);
treating the slurry containing the protein material and the enzyme preparation at
a temperature, a pH, and for a time period effective to enable said acid phosphatase
enzyme to degrade ribonucleic acids in the vegetable protein material and to enable
said phytase to degrade phytic acid and phytates in the vegetable protein material; and
washing the vegetable protein material after treatment to degrade ribonucleic
acids, phytic acid, and phytates to provide a vegetable protein material having reduced
concentrations of ribonucleic acids, phytic acid, and phytates.
In rejecting applicants’ claims on prior art grounds, the examiner relies on the
following reference:
European Patent Application 0 380 343 A2 Aug. 1, 1990
All of the appealed claims stand rejected under 35 U.S.C. § 102 or § 103 as
unpatentable over European Patent Application 0 380 343 A2 (‘343 patent). We shall
affirm this rejection.
PROCEDURE
To dispel ambiguity, we shall first clarify what evidence is of record. On June 17,
2003, applicants filed a Reply Brief (Paper No. 16) with three exhibits attached: a BASF
publication describing the phytase NatuphosŪ (Exhibit A); the Wong declaration
(Exhibit B); and the Taylor declaration (Exhibit C).
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