Ex parte SAWADA et al. - Page 2




          Appeal No. 95-0565                                                          
          Application 07/867,089                                                      
                      DECISION ON APPEAL UNDER 35 U.S.C. § 134                        
               This is an appeal under 35 U.S.C. § 134 from an                        
          examiner’s rejection of Claims 1-11, all claims pending in                  
          this application.                                                           
                                    Introduction                                      
               Claims 1-11 stand finally rejected under 35 U.S.C. § 103               
          as being unpatentable in view of the combined teachings of                  
          McDaniel et al. (McDaniel ‘729), U.S. Patent 4,557,729, issued              
          December 10, 1985; McDaniel et al. (McDaniel ‘918), U.S.                    
          Patent 4,762,918, issued August 9, 1988; and Broze et al.                   
          (Broze), U.S. Patent 4,800,038, issued January 24, 1989.  All               
          claims stand or fall together with independent Claim 1                      
          (Appellants’ Brief On Appeal (Br.), p. 3, last line).  Claim 1              
          reads:                                                                      
                    1.   A process for the production of an alkyl                     
               glycoside stable in hue and odor, which comprises the                  
               steps of (1) reacting a sugar with alcohol to obtain an                
               alkyl glycoside reaction product containing a higher                   
               alcohol, (2) decoloring the alkyl glycoside reaction                   
               product with hydrogen peroxide, (3) contacting the                     
               decolored alkyl glycoside with a metal/hydrogen complex                
               represented by formula (I)                                             
                                   M(BH )      (I)                                    
                                       4 z                                            
                    wherein M is an alkali metal, Ca, Zn or (CH ) N; and              
                                                               3 4                    
                    z is 1 when M is an alkali metal or (CH ) N and z is              
                                                           3 4                        
          2                                                                           
                    when M is Ca or Zn;                                               
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