Appeal No. 2005-2120 Page 2
Application No. 09/964,120
(b) heating the resulting mixture in particulate form at a temperature below
which denaturization of the Type II collagen occurs until the water content is
reduced to below 15 % by weight of the cartilage, and
(c) recovering a product containing the collagen II-containing protein of the
cartilage in its original form and having a salt content of at least 45% by weight of
the cartilage.
49. The method of dehydrating chicken cartilage containing Type II collagen in
its natural form which comprises
(a) comminuting said cartilage,
(b) soaking the resulting product in an aqueous solution of an antimicrobial
agent, and blending such with potassium or sodium chloride in a concentration of
at least 15 % by weight of the comminuted product,
(c) dehydrating the resulting mixture in particulate form at temperatures below
110°F until the water content of the mixture is reduced to below 10 %, and
recovering a product containing the Type II collagen of the chicken cartilage in its
natural form and having a salt content of 45 to 60 % by weight of the cartilage.
The examiner relies upon the following references:
Moore 5,645,851 Jul. 8, 1997
Luck et al. (Luck) 4,250,139 Feb. 10, 1981
Steffan 4,404,033 Sep. 13, 1983
Ota JP59025637 (translation) Feb. 9, 1983
Claims 42-50 stand rejected under 35 U.S.C. § 103(a) as being obvious
over the combination of Moore, Luck and Steffan. In addition, those claims stand
rejected under 35 U.S.C. § 103(a) as being obvious over the combination of
Moore and Ota. After careful review of the record and consideration of the
issues before us, we reverse all of the rejections of record.
DISCUSSION
Claims 42-50 stand rejected under 35 U.S.C. § 103(a) as being obvious
over the combination of Moore, Luck and Steffan.
Moore is cited for teaching obtaining Type II collagen from chicken
cartilage, in which chicken is soaked in an aqueous solution containing 5.15%
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