Ex Parte Schilling et al - Page 8


                   Appeal No. 2005-2120                                                                  Page 8                      
                   Application No. 09/964,120                                                                                        

                   is drawn to a method of decomposing the proteins of the scallops (the collagen                                    
                   source), and not designed to preserve the chemical, physical, and physiological                                   
                   properties of the protein, and  as such preservation of properties is an important                                
                   object of the method of Moore, the ordinary artisan would not look to Ota for the                                 
                   addition of salt to the dehydration process of Moore to arrive at the claimed                                     
                   invention.                                                                                                        
                                                         CONCLUSION                                                                  
                           Because the rejections of record failed to set forth a prima facie case of                                
                   obviousness, they are reversed.                                                                                   
                                                           REVERSED                                                                  


                                           Demetra J. Mills                      )                                                  
                                           Administrative Patent Judge            )                                                  
                                                                                  )                                                  
                                                                                  )                                                  
                                                                                  ) BOARD OF PATENT                                  
                                           Eric Grimes                           )                                                  
                                           Administrative Patent Judge            )   APPEALS AND                                    
                                                                                  )                                                  
                                                                                  ) INTERFERENCES                                    
                                                                                  )                                                  
                                           Lora M. Green                         )                                                  
                                           Administrative Patent Judge            )                                                  















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