Ex Parte TOMASULA - Page 2




          Appeal No. 2004-1154                                                        
          Application No. 09/247,219                                                  


                    less than 80% by total weight of solids, wherein                  
                    said carbon dioxide forms carbonic acid (H2CO3) in                
                    the solution/dispersion and lowers the pH below                   
                    about 5.5;                                                        
               b)   holding the pressurized solution/dispersion at a                  
                    pressure of from about 400 to 800 psi for at least                
                    1 minute in order to precipitate the vegetable                    
                    protein;                                                          
               c)   gradually depressurizing the solution/dispersion                  
                    in order to maintain particle size of the protein                 
                    precipitate;                                                      
               d)   separating said protein precipitate from said                     
                    solution/dispersion; and                                          
               e)   recovering a solid protein precipitate having a                   
                    concentration of protein greater than 85% by total                
                    weight of solids in said precipitate.                             
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Dahlstrom et al. (Dahlstrom) 5,006,349       Apr. 09, 1991                  
          Tomasula                      5,432,265      Jul. 11, 1995                  
               Appellant’s claimed invention is directed to a process for             
          producing a concentrate of vegetable protein from a solution or             
          dispersion of a source of the vegetable protein.  The process               
          entails applying carbon dioxide at high pressure to the                     
          solution/dispersion, holding the pressure for at least one minute           
          and gradually depressurizing the system in order to maintain the            
          particle size of the protein precipitate.  It is recognized by              

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