Appeal 2007-1213
Application 10/137,306
contends that Morris provides insufficient details as to the manner of
preparation of the canola protein isolate and therefore does not provide
enablement of the preparation of the canola protein isolate (Br. 4-5).
Appellant’s contention is not persuasive. Appellant has not provided
evidence to establish the descriptions of Morris could not enable a person of
ordinary skill in the art to make the describe canola protein isolate. The
Examiner, recognizes that the Morris reference discloses the method of
making a protein isolate which is the subject of a patent to the Assignee of
the present application (Answer 4). Appellant has failed to present evidence
that the patent referenced in the Morris disclosure would not have enabled a
person of ordinary skill in the art to practice the Morris invention.
The Rejection over Cameron.
The Examiner finds that Cameron discloses a substantially
undenatured canola protein isolate having a protein content of 106 wt% as
determined by Kjeldahl nitrogen N x 6.25 (Answer 3). Cameron discloses
the canola protein isolate is suitable for a variety of food compositions
(Cameron, col. 1, ll. 26-29).
Appellant acknowledges that Cameron describes a canola protein
isolate having a protein content of 106 wt% as determined by Kjeldahl
nitrogen x 6.25 (Br. 5). Appellant acknowledges that Cameron discloses
that the protein isolate is suitable for use in various food compositions (Id.).
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