Appeal No. 2007-0055 Page 13
Application No. 10/053,299
one amino acid that is able to partly achieve Zeng’s goal of treating vaginitis. While such
a composition might only be partially effective, as we have construed claim 1, blocking
adherence of as few as one microbe would satisfy the claim limitation.
The Examiner points out (Answer 15) that Zeng teaches that the total content of
amino acids in a composition is “preferably is 30-350 mmol/L.” Zeng, column 5, lines 3-
4. When isoleucine is the only amino acid in the composition, it would be present in an
amount of 0.393%,4 which falls within the ranges described (e.g., specification, page 18,
line 13) and claimed (e.g., claims 11-13) in the application as effective. Accordingly,
because Zeng’s concentration of isoleucine falls within the disclosed and claimed
effective concentrations, we find it reasonable to have presumed that Zeng’s
composition would block microbial adherence as required by claim 1.
Appellants argue that Zeng’s composition comprises amino acids to be used as
neutralizing agents. Br. 27. We understand Appellants’ characterization of Zeng’s
composition as a “neutralizing agent” to refer to the amino acid’s activity in reducing
acid production (which occurs by interfering with the metabolic processes of bacteria,
not by actually “neutralizing” its activity as implied by Appellants). Zeng, column 3, lines
45-47. Appellants have not explained why the existence of this acid reducing activity
would foreclose isoleucine from blocking microbial adherence to a eukaryotic cell
surface. Accordingly, we do not find merit in their argument.
We have considered Appellants’ evidence of “unexpected results,” but do not
consider it adequate to rebut the prima facie case for the reasons set forth by the
4 One mole of isoleucine is about 131 grams. The Merck Index 883 (1996). 30 mmol/1 liter is equivalent
to 3.93 grams in 1000 ml or 0.393 grams in 100 ml which is about 0.393% by weight of isoleucine.
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