Appeal No. 2006-1389 Page 2
Application No. 09/912,471
page 1). “Reducing the level of phytic acid . . . and phytates, which are the salts of
phytic acid, in vegetable protein materials has been of interest since phytic acid and
phytates tend to form complexes with proteins and multivalent metal cations, reducing
the nutritional value of the vegetable protein material” (id.). “It is [also] desirable to
reduce the levels of ribonucleic acid materials and associated minerals in vegetable
proteins” (id., page 3).
“Phytase enzyme preparations are particularly useful for purifying vegetable
protein materials since they are inexpensive and readily commercially available” (id.,
page 2), but they “are not recognized to reduce the levels of ribonucleic acid materials
and associated minerals in vegetable protein materials since the most common
phytases, especially 3-phytase, do not degrade the ribonucleic acid structure” (id.).
However, “[s]ome . . . phytase enzyme compositions [additionally] include
sufficient concentrations of the enzyme acid phosphatase . . . to effect degradation of
phytic acid and phytates” (id.). “The present invention resides in the discovery that acid
phosphatase enzymes unexpectedly cleave ribonucleic acids, and therefore can be
used to degrade and reduce the concentration of ribonucleic acid materials in vegetable
protein materials on a commercial scale, as well as remove minerals and ash bound by
the ribonucleic acid materials” (id., page 4).
Discussion
The Claims
Claims 81-93 and 96-124 are pending and on appeal. Appellants have not
presented separate patentability arguments for any of the claims. Therefore, for
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