Appeal No. 95-0565
Application 07/867,089
presence of a hydrogenation catalyst (i.e., chemical
reduction) to decolor the alkyl glycoside” (Br., p. 7, second
full para.), not “contacting the decolored alkyl glycoside
with a metal/hydrogen complex” such as sodium borohydride as
the claims on appeal require. Appellants urge (Br., pp. 8-9,
bridging para., emphasis added):
Although sodium borohydride might be used as a source of
the hydrogen, the sodium borohydride of McDaniel ‘918 is
not contacted with the glycoside composition as required
by present claim 1. This is clearly seen by reference to
Example I of McDaniel ‘918 at columns 7-8.
The examiner does not deny that McDaniel ‘918 does not
expressly contact his glycoside composition with sodium
borohydride. Rather, the examiner argues (Ans., p. 7, para.
bridging pp. 7-8):
Even-though the sodium borohydride . . . is not in
physical
contact with the glycoside of example 1 of the McDaniel
‘918
reference, the chemical reaction which takes place in the
McDaniel ‘918 reference is within the scope of the
process
set forth in the instant claims, that is, the sodium
borohydride of the instant process generates hydrogen gas
which reacts with the alkyl glycoside.
We simply cannot follow the examiner’s latest turn.
While we do not deny that a reaction of sodium borohydride and
acid in the process appellants claim most likely would produce
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