Ex parte JIANG et al. - Page 12




                 Appeal No. 2000-0320                                                                                    Page 12                        
                 Application No. 08/480,082                                                                                                             


                 preferred ionically crosslinked capsule materials are alginic                                                                          
                 acid, pectinic acid, chitosan and their salts.                                                                                         


                          After the scope and content of the prior art are                                                                              
                 determined, the differences between the prior art and the                                                                              
                 claims at issue are to be ascertained.  Graham v. John Deere                                                                           
                 Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).                                                                                      


                         The examiner ascertained (final rejection, p. 7) that the                                                                     
                 only difference is that Viegas does not disclose chitosan as                                                                           
                 the film forming polymer.  With regard to this difference, the                                                                         
                 examiner then determined that as chitosan and cellulose are                                                                            
                 equivalent biopolymers in the art of matrixed gel polymers                                                                             
                 useful in the medical art,  it would have been obvious to one2                                                                                       
                 of ordinary skill in the art to utilized [sic, utilize]                                                                                
                 chitosan as the film forming polymer in the Viegas composition                                                                         
                 and method.                                                                                                                            





                          2This finding was apparently based upon the combined                                                                          
                 teachings of Thompson and Viegas.                                                                                                      







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