Rapporteur Proposal for project TE 110 (existing example No. C-1)

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DEUTSCHES PATENT- UND MARKENAMT
German Patent and Trade Mark Office
Subcl.:
C07K
Date : 2005-01-10
DE - Proposal — TE 110
Rapporteur Proposal for project TE 110 (existing example No. C-1)
Level/Category (ies)
CL
AL
1b, 2b3, 2d, 3a,
1b, 2b3, 2d, 3a, 3b
Documents (Classification is based on underlined document)
GB 2 179 947 A
DE 3 623 474 A1
FR 2 584 727 A
Short Version of the Disclosure
The extraction of proteins from milk is described. The starting material in this process is raw
milk from which the casein and the fatty substances have been substantially removed. Such
milk or lactoserum concentrated by ultrafiltration is used to obtain proteins capable of fixing
iron, like lactotransferrins and/ or immunoglobulins. These proteins are obtained in a single
adsorption-elution stage on an ion exchanger, under particularly mild conditions. The process
comprises therefore adsorbing the proteins on a cationic resin, followed by elution whereby
adsorption and elution is carried out at substantially the same pH in the range from 5 to 8,5.
Representative Prior Art
FR 2 505 615 - extraction of proteins capable of fixing iron like lactotransferrins and
immunoglobulins from casein free milk or concentrated lactoserum. For the extraction the
proteins are adsorbed on a solid support like silicon dioxide in weak basic environment at a
pH greater than 7,5 and eluated in an acidic environment at a pH below 4.
Invention Information
I1: A process for the extraction of proteins from milk free of casein and fatty substances is
described. The extraction is done on an ion exchanger, in which the adsorption and elution of
proteins is carried out at substantially the same pH (see claim 1).
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I2: The milk used in the process is concentrated by ultrafiltration (see claims 9 to 12).
I3: For the extraction a preferably weak cationic resin is used (see claims 5 and 6) and a pH
of from 5 to 8,5 is chosen (see claims 7 and 8). The elution is being effected by modifying the
ionic strength, e.g. by means of sodium chloride (see claim 3 and description, page 1, line 57
to 64). The different ionic strengths are chosen so as to enable separation of the desired
proteins.
I4: After elution the desired proteins are submitted to the action of a complexing agent to
increase their capacity for fixing iron (see claim 4 and description, page 2, line 10 to 14).
I5: Products, lactotransferrins and immunoglobulins obtained by the process of I1 to I4 (see
claims 15 to 17).
I6: Pharmaceutical compositions comprising at least one product of I5 (see claim 18).
Additional Information
A1: The lactotransferrin obtained by the described process retains its bacteriostatic
properties and has therefore a useful therapeutic acitivity, which is an important information
even in regard to the claimed pharmaceutical compositions (see GB 2 179 947, description,
page 2, line 18 to 22 and claim 18).
Identification of Potential Subclasses
Subject Matter
Tool
Query
IPC Places
I1 to I4
Catchword Index
General processes for the preparation
of Proteins/Peptides
C07K
I5
Catchword Index
Proteins/Peptides
C07K
I6
Catchword Index
MEDICAL PREPARATION or
A61K
PHARMACEUTICAL
COMPOSITION
A1
Note in A61K
THERAPEUTIC ACTIVITY of
A61P
chemical compounds or
MEDICAL PREPARATIONS
BACTERIOSTATIC
Analysis and Selection of Classification Symbols
Core Level
I1 to I4: The process for extraction of proteins is of interest. The use of the catchword
“peptide” leads to subclass C07K. In this subclass the last priority rule is used.
Main group C07K 1/00 covers “General processes for the preparation of peptides” and is
therefore a correct group.
I5: The extracted lactotransferrins and immunoglobulins represent important information
for the inventive step and are claimed, so these substances have to be classified (see claims
16 and 17). C07K has a main group C07K 14/00 which is directed to peptides having more
than 20 amino acids. With subgroup C07K 14/435 it is possible to specify the extracted
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lactoproteins as proteins from an animal. Therefore C07K 14/435 is a correct subgroup.
Furthermore C07K 16/00 defines immunoglobulins. By using subclass C07K 16/04 it is
possible to specify the immunoglobulins as immunoglobulins from milk. Therefore C07K
16/04 is as well a correct group.
I6: The “pharmaceutical composition” (see claim 18) is an informative part of the invention
because of the bacteriostatic properties of the lactotransferrins (see GB document, page 2,
lines 20 to 22). In this case the use of the catchword “pharmaceutical preparation” as a
synonym for “pharmaceutical composition” leads to subclass A61K. Medicinal preparations
containing peptides are covered by A61K 38/00. In regard to the last appropriate place
according to Note (2) after the title of A61K subgroup A61K 38/16 is a correct IPC place to
classify pharmaceutical compositions containing proteins like lactotransferrins. The last
appropriate place rule leads in addition to A61K 39/395 to classify a drug containing
immunoglobulins.
A1: In the description of the document (see GB document, page 2, lines 20 to 22) it is
mentioned that the isolated lactotransferrins have bacteriostatic properties. Note (4) under
the title of A61K refers to subclass A61P where therapeutic activity of medicinal preparations
is classified. Substances which show bacteriostatic properties are called “Antibiotics” and this
catchword leads to subgroup A61P 31/00, which is the correct group.
Advanced Level
The arguments under “Core level” above apply here. However the advanced level has finer
subdivisions in C07K, A61K and A61P.
I1 to I4: In accordance with Note (3) following the title of class C07 the process for the
extraction of proteins from milk is classified under C07K 1/00 (the last place rule according to
Note (2) following the title of class C07 is only applicable to “compounds”, but in class C07
classification is made as well in the last appropriate subclass of subclasses C07B to C07K).
In regard to the fact that the extraction of the protein is done by “adsorption on ion
exchanger” the process is classified in C07K 1/18. For the extraction of the proteins an
ultrafiltration step has to be done as well, which makes a classification in C07K 1/36
obligatory.
I5: Under subgrpoup C07K 14/435 of the Advanced Level a further subdivision of peptides
from animals or humans is given. In subgroup C07K 14/79 transferrins and namely
lactotransferrins are mentioned as special types of peptides, which is therefore a correct IPC
place. In accordance with the Core Level C07K 16/04 is as well in the Advanced level the
precise classification for the immunoglobulins of claim 17.
I6: When in the Core Level the pharmaceutical compositions of claim 18 can be
characterised only as a medicinal preparation containing peptides having more than 20
amino acids, in the Advanced Level subgroup A61K 38/40 defines the pharmaceutical
composition of claim 18 as a medicinal preparation containing lactortransferrins as active
substances. As well in the Advanced Level exists no better IPC place than A61K 39/395 to
classify a medicinal preparation containing immunglobulins.
A1: Starting from maingroup A61P 31/00 which was identified in the Core level as the
appropriate IPC place for the bacteriostatic activity of the lactoferrins, in the Advanced level
subgroup A61P 31/04 for “Antibacterial agents” is the correct group.
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Subject Matter
Anaylsis of
Subclass
Selection
Subcalss
Analysis of
Group
Selection
IPC CL
IPC (2006)
IPC AL
I1 to I4
Subclass/group
title
Subclass/group
title
Subclass/group
title
Reference in A61K
C07K
Last place priority
rule
Last place priority
rule
Last place priority
rule
Common rule
C07K 1/00
C07K 1/18
C07K 1/36
C07K 14/79,
16/04
A61K 38/40,
39/395
A61P 31/04
I5
I6
A1
C07K
A61K
A61P
C07K 14/435,
16/04
A61K 38/16,
39/395
A61P 31/00
Complete Classification
The complete core and advanced level classification for this document based on the above
analysis is as follows:
Core Level
Int.Cl.(2006)
C07K 1/00
C07K 14/435
C07K 16/04
A61K 38/16
A61K 39/395
A61P 31/00
Advanced Level
C07K 1/18 (2006.01)
C07K 1/36 (2006.01)
C07K 14/79 (2006.01)
C07K 16/04 (2006.01)
A61K 38/40 (2006.01)
A61K 39/395 (2006.01)
A61P 31/04 (2006.01)
Andrea Münzberg
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