DEUTSCHES PATENT- UND MARKENAMT
German Patent and Trade Mark Office
Subcl.:
C07K
Date : 2005 June 21
DE - Proposal — TE 110
Rapporteur Proposal for project TE 110 (existing example No. C-1)
Level/Category (ies)
CL
1b, 2b3, 2d, 3a, 3b
AL
1b, 2b3, 2d, 3a, 3b
Documents (Classification is based on GB 2 179 947 A)
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). The milk used in the
process is concentrated by ultrafiltration (see claims 9 to 12). 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. 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).
I2: Products, lactotransferrins and immunoglobulins obtained by the process of I1 (see claims
15 to 17).
I3: Pharmaceutical compositions comprising at least one product of I2 (see claim 18).
Additional Information
A1: The lactotransferrin obtained by the described process retains its bacteriostatic
properties and has therefore a useful therapeutic activity, which is 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
Catchword Index
General processes for the preparation
C07K
of
Proteins/Peptides
I2
Catchword Index
Proteins/Peptides
C07K
I3
Catchword Index
MEDICAL PREPARATION or
A61K
PHARMACEUTICAL
COMPOSITION
A1
Note (4) in A61K
THERAPEUTIC ACTIVITY of
A61P
chemical compounds or
MEDICAL PREPARATIONS
BACTERIOSTATIC
Analysis and Selection of Classification Symbols
Core Level
I1:
A process for extraction of proteins is of interest. The use of the catchword “peptide”
leads to subclass C07K. In this subclass the last place priority rule is used.
Main group C07K 1/00 covers “General processes for the preparation of peptides” and is
therefore a correct group.
I2:
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
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.
I3:
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
I1:
A process for extraction of proteins is of interest. The use of the catchword “peptide”
leads to subclass C07K. 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
C07C to C07K). The fact that the extraction of the protein is done by “adsorption on ion
exchanger” leads to C07K 1/18. For the extraction of the proteins an ultrafiltration step has to
be done as well, so that C07K 1/36 is according to the last place rule the right classification
for the claimed process. To keep the information that an ultrafiltration step and an ion
exchanger are used in this process, C07 1/18 and C07K 1/34 should be mentioned as well.
I2:
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). The catchword “peptide” leads to subclass C07K. A chemist or biochemist would
recognise that lactotransferrins are peptides with more than 20 amino acids and therefore
proper for C07K 14/00. The subdivision of C07K 14/00 is carried out according to the origin
of the peptide. The lactotransferrins are extracted from milk and are therefore from animals,
which is considred in C07K 14/435. In subgroup C07K 14/79 transferrins and namely
lactoferrins are mentioned as special types of peptides from animals or humans, which is
therefore a correct IPC place.
Immunoglobulins are a special form of peptides and are covered by C07K 16/00. The origin
of the immunoglobulins is as well the criteria for the subdivision of C07K 16/00. Immunoglobulins from milk are covered by C07K 16/04.
The “pharmaceutical composition” (see claim 18) is an informative part of the
I3:
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. Lactotransferrins are peptides with more than 20 amino acids, so that C07K
38/04 is first of all the correct one dot group. According to the classification of the
peptides per se in C07K in A61K a specification of the peptides as lactoferrins is
possible as well in A61K 38/40. In the Advanced Level the best IPC place to classify a
medicinal preparation containing immunglobulins is A61K 39/395.
In the description of the document (see GB document, page 2, lines 20 to 22)
A1:
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. In A61P
31/04 a further specification as an antibacterial agent is possible.
Subject Matter
I1
Anaylsis of
Analysis of
IPC CL
Subclass
Group
IPC (2006)
Selection
Selection
Subclass/group
Subcalss
C07K
Last place priority
title
rule
Subclass/group
C07K 1/00
IPC AL
C07K 1/36
C07K 1/34
C07K 1/18
I2
I3
A1
C07K
Last place priority
C07K 14/435,
C07K 14/79,
title
rule
C07K 16/04
C07K 16/04
Subclass/group
A61K
Last place priority
A61K 38/16,
A61K 38/40,
title
rule
A61K 39/395
A61 K 39/395
Reference in A61K
A61P
Common rule
A61P 31/00
A61P 31/04
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 1/36 (2006.01)
C07K 1/34 (2006.01)
C07K 1/18 (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