Appeal No. 2005-2120 Page 5
Application No. 09/964,120
1017, 154 USPQ 173, 178 (CCPA 1967), cert. Denied, 389 U.S. 1057 (1968)
(emphasis in original).
Moore teaches a method of preparing Type II collagen containing cartilage
for use as an oral supplement, wherein “it is essential that a sterilization
procedure is employed which maintains the water insoluble structure of the Type
II collagen in the animal tissue and also does not involve the denaturization of the
Type II collagen in the animal tissue.” Col. 3, lines 20-24. In Example 12, the
cartilage is dried in an oven at 110° F. until more than half its weight in water is
lost. As acknowledged by the rejection, Moore fails to teach combining the Type
II collagen containing cartilage with at least 15% by weight of an ionizing salt.
The rejection relies on Luck and Steffan to remedy that deficiency.
Luck is drawn to the microwave sterilization of dry protein, in which the
protein “can be one of a wide variety of classes of proteins, such as keratins,
collagens, albumins, globulins, hormones, enzymes, or the like.” Col. 2, lines 12-
15. Again, an object of Luck is to retain chemical, physical, and physiological
properties of the protein. See abstract. In the method, the protein is dried by
lyophilization, and then hit with a lethal dosage of microwave energy while the
protein is maintained at substantially ambient conditions. See id. The reference
teaches “[t]he protein is substantially dehydrated, either free of or in combination
with salts, which are or adventitiously [that is, not inherent, or coming from
another source, see Reply Brief, page 2] present in the aqueous medium.” Luck,
Col. 2, lines 32-37. Thus, while Luck teaches that an ionizing salt may be
present, it does not provide any motivation to add a salt to the method of Moore,
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007