Appeal No. 2005-1344 Page 12
Application No. 08/468,610
the claim recites that the resin is electrostatically uncharged at the
pH where the target protein or peptide is resin bound, regardless of
whether the medium is at a high or a low ionic strength. In other
words, less than 5% of the resin’s ionizable functional groups are
ionized at a high ionic strength at a binding pH; and, less than 5%
of the resin’s ionizable functional groups are ionized at a low ionic
strength at a binding pH.
The examiner finds, however, “the specification at page 18 defines ‘high’ ionic
strength as greater than 250 millimolar. However, that limitation does not appear
in the claims under examination. On the current record the term ‘high’ can be
construed to encompass any concentration which is higher than another.”
In our opinion, neither the appellants’ nor the examiner appear to have
interpreted this limitation correctly. According to appellants’ specification (page
5), “[t]he resins described herein are further characterized as being capable of
binding the target protein or peptide from a solution maintained at either high or
low ionic strength.” At page 18 of their specification appellants define the
terms “high ionic strength” and “low ionic strength” as follows:
The term “high ionic strength” means an ionic strength greater than
or equal to that required to provide a conductivity of 4.7 millimho
(milliSeimens (mS/cm2)). For example, such conductivity can be
reached by using 250 millimolar (mM) sodium chloride. The term
“low ionic strength” means an ionic strength less than 4.7 millimho.
We understand from page 18 of appellants’ specification in their related
application (Application No. 08/654,937, Appeal No. 2005-1443), as amended by
the Paper received July 20, 1995,9 that a conductivity of 4.7 millimho
corresponds to a 42 millimolar sodium chloride solution. Accordingly, we
understand the term “high ionic strength” to mean an ionic strength equal to, or
9 We note that a similar amendment to page 18 of the specification was not made in this
application.
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