Appeal No. 2005-0295
Application 10/151,586
We find that Abdel-Malik would have disclosed to one of ordinary skill in this art1 blends
of plasticized proteinaceous material in which a plasticizer is selectively matched with a protein
such that the plasticizer can be uniformly distributed within the protein, and the blends used in
the production of gum (e.g., abstract, and col. 4, ll. 14-41). Abdel-Malik would have further
disclosed that matching a plasticizer with a protein can be “accomplished in part by matching the
solubility parameters of the protein . . . and plasticizer . . . within a desired range . . . are
determined by their relative cohesive properties,” wherein the “solubility parameter . . . is the
sum of the solubility parameter values contributed by dispersive forces, hydrogen bonding forces
and polar forces” (col. 6, l. 61, to col. 7, l. 16). Thus, “a protein will dissolve in a plasticizer or
be plasticized if either the total solubility parameter . . . or one or more of said disperse forces[,]
. . . polar forces . . . and hydrogen bonding forces . . . for each of the protein and plasticizer are
similar,” that is, “if any one or more of the . . . solubility parameter values for a protein and
plasticizer or respective mixtures thereof are within 15% of each, preferably 10%, the protein . . .
and the plasticizer . . . may present a potential blend suitable for making the plasticized
proteinaceous material” (col. 7, ll. 17-67).
In Abdel-Malik Table 1, the total solubility parameter, the disperse forces, polar forces
and hydrogen bonding forces of zein, a corn protein, and of the listed carbon compound
plasticizers as well as water as a plasticizer are listed (col. 8, and col. 11, l. 40). We find that one
of ordinary skill in the art routinely following the teachings of the reference would have matched
at least one of the solubility parameters for the carbon compound plasticizer within 15% of at
least one of the solubility parameters for zein, thus arriving at suitable blends of the two
ingredients for the preparation of plasticized proteinaceous materials such as a gum base and
gum (col. 8, ll. 9-45). Indeed, blends of zein with listed isopropyl alcohol and isobutyl alcohol
are particularly noted in this respect (col. 8, ll. 34-40). The reference teaches that further
screening of the blends is optional (col. 8, ll. 48-52).
1 It is well settled that a reference stands for all of the specific teachings thereof as well as the
inferences one of ordinary skill in this art would have reasonably been expected to draw
therefrom, see In re Fritch, 972 F.2d 1260, 1264-65, 23 USPQ2d 1780, 1782-83 (Fed. Cir.
1992); In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968); In re Aller, 220 F.2d
454, 458-59, 105 USPQ 233, 237 (CCPA 1955), presuming skill on the part of this person. In re
Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed. Cir. 1985).
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