Ex Parte Couture et al - Page 2

                Appeal 2007-1897                                                                                
                Application 10/044,846                                                                          

                                                DISCUSSION                                                      
                       The present invention is directed to a biodegradable absorbent                           
                material comprising a “polysaccharide (e.g. starch) cross-linked by an ether                    
                linkage consisting of a backbone chain of atoms, said backbone chain of                         
                atoms consisting of two terminal ether oxygen atoms” (Spec. 1: 5-9, and                         
                5: 12-13), wherein “said backbone chain of atoms compris[es] at least one                       
                -O-Alkylene- group, wherein [the] Alkylene [group] comprises one or more                        
                -CH2- groups; [the] Alkylene [group] may more particularly comprise from                        
                1 to 5 -CH2- groups (e.g. . . . methylene (i.e., -CH2- ), ethylene (i.e.                        
                -CH2CH2- ), n-propylene (i.e. -CH2CH2CH2- ), etc . . . .)” (Spec. 6: 5-8,                       
                emphasis added).                                                                                
                       As claimed, however, the cross-linked polysaccharide has at least two                    
                consecutive -O-Alkylene- groups, as is apparent from representative claim 4,                    
                the only independent claim on appeal, which reads as follows:                                   

                4.   A cross-linked polysaccharide, said cross-linked polysaccharide being                      
                       a polysaccharide cross-linked by a backbone chain of atoms, said                         
                       backbone chain of atoms having the formula 2                                             


                       wherein each Alkylene consists of one or more unsubstituted -CH2-                        
                       groups, and wherein n is an integer ranging from 1 to 100.                               

                       As explained by Appellants, formula 2 “compris[es] a polyalkylene                        
                glycol backbone, not an alkylene glycol backbone” (Reply Br. 2), because                        
                “there is a static O-alkylene group  . . . [c]hemically linked to . . . a repeating             
                number of O-alkylenes, (inside the square brackets).  These O-alkylene units                    

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