Ex Parte Chowdhary et al - Page 2





              Appeal No. 2004-2017                                                                                     
              Application 09/501,559                                                                                   
                     According to appellants, the invention is directed to a process for improving the                 
              hydration characteristics of guar gum powder by including the step of extruding guar                     
              gum splits prior to grinding same (Brief, page 2).  Appellants state that the rejected                   
              claims stand or fall together (Brief, page 4).  Therefore, in accordance with the                        
              provisions of 37 CFR § 1.192(c)(7)(2000), we select one claim from each ground of                        
              rejection (i.e., claims 1 and 3) and decide the grounds of rejection in this appeal on the               
              basis of these claims alone.  See also In re McDaniel, 293 F.3d 1379, 1383, 63                           
              USPQ2d 1462, 1465 (Fed. Cir. 2002).  Representative independent claim 1 is                               
              reproduced below:                                                                                        
                     1.    A method of manufacturing a powder having improved hydration                                
                     characteristics, the method comprising the steps of:                                              
                     (a)   hydrating guar gum splits;                                                                  
                     (b)   processing the hydrated splits, said processing step including the                          
                           substeps, in either order, of flaking the splits and extruding the splits;                  
                     (c)   grinding said processed splits into a powder; and                                           
                     (d)   drying the powder.                                                                          
                     In addition to the admitted prior art found in appellants’ specification, the                     
              examiner relies upon the following references as evidence of obviousness:                                
              Rutenberg et al. (Rutenberg)              4,269,975                  May 26, 1981                        
              Dino                                      5,646,093                  Jul. 08, 1997                       
              Harris                                    5,990,052                  Nov. 23, 1999                       


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