Ex parte TSAI et al. - Page 9




          Appeal No. 1996-2738                                                        
          Application 08/252,501                                                      


               Appellants argue that Jarowenko does not disclose the                  
          polycationic reagents employed in appellants’ process of                    
          preparation (Brief, page 4).  This argument is not persuasive               
          since the process of preparation as recited in claim 25 on                  
          appeal has not been shown to produce a substantially different              
          product than that disclosed by Jarowenko.  See Wertheim,                    
          supra.                                                                      
               Appellants assert that several critical limitations are                
          neither disclosed nor suggested by Hofreiter or Jarowenko                   
          (Brief, page 5).  However, three of these four “critical                    
          limitations” are process of preparation limitations which are               
          given little weight                                                         
          since the prior art discloses an additive product identical or              
          substantially identical to the claimed additive.  The other                 
          “critical limitation” was a “[c]ationic polysaccharide                      
          derivative having at least two cationic moieties bonded to                  
          each derivatized saccharide monomer”, which has been discussed              
          above in our decision and also by the examiner on pages 3-4 of              
          the Answer.                                                                 
               Appellants further argue that Jarowenko discloses a                    


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