Appeal No. 2004-0647 Page 2
Application No. 09/941,965
Sprotte et al. (Sprotte) 5,871,731 Feb. 16, 1999
Bier 6,096,310 Aug. 1, 2000
Stephan et al. (Stephan), “Antibodies from Colostrum in Oral Immunotherapy,” J. Clin.
Chem. Clin. Biochem., Vol. 28, pp. 19-23 (1990)
Kempf et al. (Kempf), “Virus Inactivation During Production of Intravenous
Immunoglobulin,” Transfusion, Vol. 31, No. 5, pp. 423-427 (1991)
Hatta et al. (Hatta), “Productivity and Some Properties of Egg Yolk Antibody (IgY)
against Human Rotavirus Compared with Rabbit IgG,” Biosci. Biotech. Biochem., Vol.
57, No. 3, pp. 450-454 (March 1993)
The claims stand rejected as follows:
I. Claims 1, 4 and 5 under 35 U.S.C. § 102(b) as anticipated by Hatta.
II. Claims 1-3 under 35 U.S.C. § 103 as unpatentable over Hatta.
III. Claims 1-4 under 35 U.S.C. § 103 as unpatentable over Kempf.
IV. Claims 1, 5 and 6 under 35 U.S.C. § 103 as unpatentable over Kempf or
Hatta, each in view of Bier or Sprotte.
V. Claims 1, 5 and 7 under 35 U.S.C. § 103 as unpatentable over Kempf or
Hatta, each in view of Stephan.
We reverse all of these rejections.
BACKGROUND
“[I]n the past, bovine and porcine blood [sera have] been orally administered to
aid domesticated livestock . . . in weight gain and overall health” (Specification, page 3,
emphasis in the original). The present invention is directed to “a treated and isolated
IgG fraction,” specifically, an “acid hydrolyzed IgG fraction which has been heated for
from 15 minutes to 1 hour at a temperature of from 35°C to 40°C, and thereafter
neutralized, centrifuged and decanted” (see claim 1). According to the specification,
upon acid hydrolysis, a bovine IgG fraction “turns quite viscous initially, and thereafter,
upon neutralization back to a pH of about 7, becomes substantially less viscous.
[When] the material is centrifuged, [ ] the supernatant contains the desired fraction of
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