Ex parte HATTORI et al. - Page 6




          Appeal No. 1999-0990                                                        
          Application No. 08/647,562                                                  


          (for food products) does not provide a suggestion or                        
          motivation for using water-soluble hemicellulose as a                       
          substitute for any prior art adhesive/binder.                               
               For the foregoing reasons and those set forth in the                   
          Brief and Reply Brief, we determine that the examiner has                   
          failed to establish a prima facie case of obviousness in view               
          of the reference evidence.  Accordingly, the rejection of                   
          claims 1 and                                                                
          3 through 5 under 35 U.S.C. § 103 over Maeda in view of                     
          Salzberg is reversed.                                                       
               The decision of the examiner is reversed.                              
            REVERSED                                                                  


          BRADLEY R. GARRIS            )                                              
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    THOMAS A. WALTZ              )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    BEVERLY A. PAWLIKOWSKI       )                                    
                    Administrative Patent Judge  )                                    



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