Ex Parte Bryan - Page 4


               Appeal No. 2006-0381                                                                       Page 4                  
               Application No. 09/729,133                                                                                         

                      We agree with the examiner that the cited references would have suggested                                   
               bubble-making solutions comprising A. victoria GFP to a person of ordinary skill in the                            
               art.  Those skilled in the art would have recognized that chemiluminescence and                                    
               bioluminescence are alternative means of generating light.  In addition, as noted by the                           
               examiner, Prasher teaches that A. victoria GFP is stable to (i.e., retains its activity in the                     
               presence of) chemical denaturants.  In the recombinant protein field, surfactants are                              
               recognized as protein-denaturing agents.  Thus, the teachings of the references would                              
               have suggested the substitution of A. victoria GFP – a bioluminescent protein that is                              
               stable in the presence of surfactants – for the chemiluminescent agent used by                                     
               Halbritter.                                                                                                        
                      Appellant argues that Prasher does not provide “explicit or implicit support” for                           
               the examiner’s statement that A. victoria GFP is stable in the presence of surfactants.                            
               Appeal Brief, page 4.                                                                                              
                      This argument is not persuasive.  As noted above, surfactants – which are also                              
               known as detergents or soaps – are well-known protein denaturing agents.  Halbritter                               
               teaches that “bubble blowing involves dipping a ring-shaped article into a liquid soap                             
               solution.”  Col. 1, lines 13-15.  See also column 2, lines 45-55:  “Suitable bubble blowing                        
               solutions may include anionic, cationic, non-ionic and ampholytic surfactants. . . .                               
               Solutions containing conventional surfactants, such as sodium laureth sulfate or                                   
               ammonium laureth sulfate may be utilized.”  We agree with the examiner that the class                              
               of “chemical denaturants” described by Prasher would have been recognized by those                                 
               skilled in the art as including the surfactants described by Halbritter as a necessary                             
               component of bubble-making solutions.                                                                              





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