Appeal No. 2004-0450 Page 5
Application No. 09/785,936
phosphatase enzyme; or 3) the formation of an aqueous slurry or mixture
of vegetable protein material and an acid phosphatase enzyme or an
enzyme preparation containing an acid phosphatase enzyme, where the
acid phosphatase enzyme or enzyme preparation is present in the slurry
or mixture in an amount of from about 0.1% to about 10% by weight of
protein material (dry). [Appeal Brief, page 6]
RNA Degradation
The ‘343 patent does not explicitly mention RNA or the degradation of RNA.
Nonetheless, applicants acknowledge that
Commercially available protein concentrates and isolates . . . contain
some impurities which are undesirable in products such as infant
formulas. Specific impurities which are undesirable in vegetable protein
isolates and concentrates include phytic acid, phytates, ribonucleic acids,
ash, and minerals bound to phytic acid, phytates, or ribonucleic acids
which are unavailable for human assimilation such as phosphorus,
calcium, chloride, iron, zinc, and copper. It is desirable to provide
methods for reducing the levels of these impurities in vegetable protein
isolates and concentrates, particularly for use in products such as infant
formulas. [Specification, page 1, lines 12 through 19]
According to applicants, “[p]hytase enzyme compositions are not recognized to reduce
the levels of ribonucleic acid materials and associated minerals in vegetable protein
materials since the most common phytases . . . do not degrade the ribonucleic acid
structure.” (Id., page 2, lines 26 through 29).
Applicants have attached several publications to their Appeal Brief and Reply
Brief as support for this argument. For example, according to applicants, the Leach
publication (Appendix C of the Brief) teaches that “one skilled in the art would not
expect phosphatases to degrade polymeric nucleotides such as ribonucleic acids”
(Appeal Brief, page 13, first full paragraph). Also, the Cech patent (Appendix D of the
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