Appeal No. 2006-0272
Application No. 09/986,124
The examiner attempts to make up for the deficiencies of Nussinovich with
reliance on Wang for teaching (1) biodegradable foams comprising protein, (2) that
albumin and gelatin are equivalents (column 3, line 50), (3) that bicarbonate and citric
acid generate carbon dioxide (column 5, lines 39-40), (4) that crosslinking with
glutaraldehyde provides rigidity (column 7, line 15), and, that protein and starch
compositions can be reinforced with natural fibers (column 6, lines 29-30). Answer,
page 5. The examiner relies on Fattman for the disclosure that ammonium
biocarbonate is an equivalent to a calcium carbonate blowing agent (column 3 lines 36-
48). Id.
We do not find the examiner has provided sufficient evidence to support a prima
facie case of obviousness. The examiner has not indicated, and we do not find where
the additional cited references, Wang and Fattman, overcome the stated deficiency of
Nussinovich. Nussinovich does not disclose a second solution that is reactable with the
proteinaceous component of the first aqueous solution to form a solid proteinaceous
biopolymeric material in response to mixing of said first and second aqueous solutions.
While we agree with the examiner that Wang discloses that glutaraldehyde may
be used as a cross-linking agent to form bridges between the side chains of protein or
starch cellulosic fibers, we do not find the examiner indicates or Wang and/or Fattman
provides any reason, suggestion or motivation to provide the glutaraldehyde in a second
aqueous solution separate from the proteinaceous material, or to provide a
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