Ex Parte Hanchett et al - Page 2


                Appeal No. 2006-0295                                                                                                      
                Application 10/053,926                                                                                                    

                products, agricultural products, paints, paper board products, gypsum board products, and textile                         
                wrap sizings.                                                                                                             
                        19.  A method for increasing the gel strength of a composition comprising adding sago                             
                starch having a fluidity of from about 40 to about 80 to the composition.                                                 
                        20.  The method of claim 19 wherein the composition has at least about the same gel                               
                strength as a composition comprising 30% more of a comparable WF corn starch.                                             
                        26.  The method of claim 19 wherein the composition is selected from the group                                    
                consisting of food products, personal care products, pharmaceuticals, nutraceuticals, paper                               
                products, agricultural products, paints, paper board products, gypsum board products, and textile                         
                wrap sizings.                                                                                                             
                        The references relied on by the examiner are:                                                                     
                Park      4,784,871    Nov. 15, 1988                                                                                      
                Eden et al. (Eden)    4,874,628    Oct.  17, 1989                                                                         
                Yuan      6,017,388    Jan.   25, 2000                                                                                    
                Jeffcoat et al. (Jeffcoat)   6,488,980    Dec.    3, 2002                                                                 
                        The examiner has advanced the following grounds of rejection on appeal:                                           
                claims 9 and 19 stand rejected under 35 U.S.C. § 102(b) as anticipated by Eden (Office action                             
                mailed July 20, 2004 (Office action), page 2);                                                                            
                claims 10 through 15 and 20 through 25 stand rejected under 35 U.S.C. § 103(a) as being                                   
                unpatentable over Eden (Office action, page 2); and                                                                       
                claims 16, 17, 26 and 27 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over                               
                Eden in view of Jeffcoat, Park or Yuan (Office action, pages 2-3).1                                                       
                        Appellants argue claims in the following groups:  claim 9;  claim 19;  claims 10 through                          
                15;  claims 20 through 25;  claims 16 and 17;  and claims 26 and 27 (brief, pages 2-6).  Thus, we                         
                decide this appeal based on appealed claims 9, 10, 16, 19, 20 and 26 as representative of the                             
                grounds of rejection and appellants’ groupings of claims.  37 CFR § 41.37(c)(1)(vii) (September                           
                2004).                                                                                                                    
                        We reverse the ground of rejection of claims 9 and 19 under § 102(b).  We affirm the                              
                examiner's decision refusing to allow appealed claims 10 through 17 and 20 through 27 based on                            
                Eden alone and in view of Jeffcoat, Park and Yuan under § 103(a) because we agree with the                                
                examiner's conclusion that the claimed subject matter would have been obvious over the                                    

                                                                                                                                         
                1  The examiner states that the grounds of rejection are “set forth in a prior Office Action, mailed                      
                on July 6, 2004” (answer, page 3).  It is apparent from the record that the grounds of rejection are                      
                set forth in the Office action mailed July 20, 2004.                                                                      

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