Ex parte KILBANE II

Board of Patent Appeals and Interferences

Sep 30, 1997

08008212 (B.P.A.I. Sep. 30, 1997)

Application for patent filed January 25, 1993. 1
1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today (1)
was not written for publication in a law journal and (2) is not
binding precedent of the Board.
Paper No. 17
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte JOHN J. KILBANE II

_____________
Appeal No. 96-3687
Application 08/008,2121
______________
ON BRIEF
_______________
Before RONALD H. SMITH, CAROFF and METZ, Administrative Patent
Judges.
RONALD H. SMITH, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal from the final rejection of claims 9-17,
all the pending claims in the application.
Appeal No. 96-3687
Application 08/008,212
2
The subject matter relates to a method for the selective
adsorption of PCBs. Claim 9, the only independent claim, is
illustrative of the appealed claims and reads as follows:
9. A method for selective adsorption of PCBs comprising the
steps of:
mixing at least one proteinaceous material with a molar
excess of at least one PCB congener mixture forming a protein/PCB
congener mixture;
drying said protein/PCB congener mixture;
extracting each of said PCB congeners from said dried
protein/PCB congener mixture forming a biosorbent in the form of
an imprinted protein; and
contacting a PCB-containing environment with said imprinted
protein resulting in selective adsorption of said PCBs.
Appellant acknowledges in his brief that claims 9-17 stand
or fall together. Accordingly, we will limit our consideration
to independent claim 9.
The references relied on by the examiner are:
Mosbach 5,110,833 May 5, 1992
Mattingly et al. (Mattingly) 5,145,790 Sep. 8, 1992
Dabulis et al. (Dabulis), "Molecular Imprinting of Proteins and
Other Macromolecules Resulting in New Adsorbents," Biotechnology
and Bioengineering, John Wiley & Sons, Inc., Vol. 39, pages 176-
185 (1992).
Claims 9-17 stand rejected under 35 U.S.C. § 103 as
unpatentable over Mosbach or Dabulis in view of Mattingly. We
will not sustain these rejections. We agree with the appellant
Appeal No. 96-3687
Application 08/008,212
3
that the references do not teach or suggest molecular imprinting
of PCB congeners into a proteinaceous material and the use of the
imprinted material to adsorb PCB congeners. Since we are in
substantial agreement with appellant's position as set forth in
his brief, we adopt that position as our own.
The decision of the examiner is reversed.
REVERSED
)
RONALD H. SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MARC L. CAROFF )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
ANDREW H. METZ )
Administrative Patent Judge )
Appeal No. 96-3687
Application 08/008,212
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