Ex Parte BURTON et al - Page 2


                 Appeal No.  2005-1344                                                          Page 2                   
                 Application No.  08/468,610                                                                             
                 Steele, 305 F.2d 859, 862, 134 USPQ 292, 295 (CCPA 1962).  Accordingly, we                              
                 vacate2 the rejections of record and remand the application to the examiner to                          
                 consider the following issues and to take appropriate action.                                           
                        Claims 1-5, 7-23, 55 and 56 are before us on appeal.  Claims 6, and 24-54                        
                 have been cancelled3.                                                                                   
                        Claims 1 and 16 are illustrative of the subject matter on appeal and are                         
                 reproduced below:                                                                                       
                     1. A resin-protein/peptide complex which comprises a resin and a target                             
                          protein or peptide bound thereto wherein said resin comprises                                  
                                a) a solid support matrix; and                                                           
                                b) selected ionizable ligand covalently attached to the matrix                           
                          wherein the ionizable ligand is selected such that the resin is                                
                          electrostatically uncharged at a high and a low ionic strength at the pH                       
                          where the target protein or peptide is bound to the resin wherein the                          
                          protein or peptide binds to the resin at a pH of 5 to 9 and is                                 
                          electrostatically charged at the pH where the target protein or peptide is                     
                          desorbed from the resin wherein desorption occurs by a change in the                           
                          pH from the binding pH and further wherein about 50 percent or more of                         
                          the target protein or peptide in an aqueous medium binds to the resin                          
                          when the aqueous medium has either a high or a low ionic strength.                             
                     16. A resin-protein/peptide complex which comprises a resin and a target                            
                          protein or peptide bound thereto wherein said resin comprises                                  
                                a) a solid support matrix having a selected ionizable functionality                      
                                incorporated into the backbone thereof wherein the ionizable                             
                                functionality is selected such that the resin is electrostatically                       
                                uncharged at a high and a low ionic strength at the pH where the                         
                                target protein or peptide is bound to the resin wherein the protein or                   
                                peptide binds to the resin at a pH of 5 to 9 and is electrostatically                    
                                charged at the pH where the target protein or peptide is desorbed                        
                                from the resin wherein desorption occurs by a change in the pH                           
                                from the binding pH; and                                                                 
                                b) optionally a non-ionizable ligand covalently attached thereto,                        
                                wherein about 50 percent or more of the target protein or peptide in                     
                                                                                                                         
                 2 Lest there be any misunderstanding, the term “vacate” in this context means to set aside or to        
                 void.  When the Board vacates an examiner’s rejection, the rejection is set aside and no longer         
                 exists.                                                                                                 
                 3 See Paper received June 6, 1995, page 2, paragraph 7.                                                 





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