Appeal No. 2005-1344 Page 19
Application No. 08/468,610
when the aqueous medium has either a high or a low ionic strength.” See e.g.,
claim 1. Assuming that the aqueous media is a whole cell extract, we would
encourage the examiner to take a step back and determine whether the resins
disclosed in appellants’ specification would be capable of binding a single “target”
protein/peptide, from such an aqueous media. It may be that a number of
proteins, of which only one is the so-called target protein/peptide, in a cell extract
may exhibit the same pI.
Accordingly, we encourage the examiner to take a step back, and review
the claimed invention in light of the specification to determine whether a person
of ordinary skill in the art would find it reasonable for a resin to bind a single
“target” protein from any aqueous media, particularly an aqueous media that
contains other proteins/peptides of similar size and pI.
VACATED and REMANDED
)
Joan Ellis )
Administrative Patent Judge )
)
) BOARD OF PATENT
)
Toni R. Scheiner ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
)
)
Donald E. Adams )
Administrative Patent Judge )
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