Ex parte BINDER et al. - Page 2




          Appeal No. 95-0073                                                          
          Application 07/896,154                                                      


               Claim 1, which is illustrative of the subject matter on                
          appeal, reads as follows:                                                   
               1.  A process for preparing a second dextrose composition              
          having a solids content of at least 99% dextrose comprising                 
               nanofiltering a first dextrose composition having a solids             
          content of about 80 to 97% by weight dextrose and at least 2% of            
          saccharides selected from the group consisting of di-saccharides,           
          trisaccharides and mixtures thereof; and                                    
               recovering as the permeate said second dextrose containing a           
          solids content of at least 99% dextrose.  [Emphasis added.]                 
               The references relied on by the examiner are:                          
          Zupancic (Zupancic '122)           4,429,122        Jan. 31, 1984           
          Zupancic et al. (Zupancic '953)    4,747,953        May  31, 1988           
               The issue presented for review is whether the examiner erred           
          in rejecting claims 1 through 14 under 35 U.S.C. § 103 as                   
          unpatentable over the combined disclosures of Zupancic et al.               
          ('953) and Zupancic ('122).                                                 
                                       OPINION                                        
               Independent claim 1 defines a process for preparing a                  
          composition, having a solids content of at least 99% dextrose,              
          comprising:  (1) nanofiltering a first dextrose composition                 
          having a solids content of about 80 to 97% by weight dextrose and           
          at least 2% of saccharides selected from the group consisting of            
          di-saccharides, trisaccharides and mixtures thereof; and (2)                
          recovering as the permeate a second dextrose composition                    
          containing a solids content of at least 99% dextrose.  Having               

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