Ex parte DONGES et al. - Page 2




              Appeal No. 1996-0823                                                                                     
              Application No. 08/217,189                                                                               


                     soluble in aqueous medium, consisting essentially of the steps of                                 
                            dispersion of chitosan in an aqueous medium consisting essentially                         
                            of water,                                                                                  
                            subsequent hydroxyalkylation of the dispersed chitosan with epoxides                       
                            and                                                                                        
                            subsequent work-up of the N-hydroxyalkylchitosan,                                          
                            which consists essentially of carrying out the hydroxyalkylation up to                     
                            an average degree of substitution of 2.0 and performing the work-up                        
                            of the N-hydroxyalkylchitosan by drying.                                                   
                     15.  A N-hydroxyalkylchitosan obtained by the process as claimed in claim 1,                      
                     wherein the N-hydroxylkylchitosan has a residual content of hydroxyalkylation                     
                     reagent of less than 5 ppm.                                                                       
                     The reference relied on by the examiner is:                                                       
                            Lang et al.   (Lang)        4,835,266            May 30, 1989                              
                     The issue presented for review is whether the examiner erred in rejecting claims 1                
              through 4, 8 through 16 and 18 under 35 U.S.C.  § 103 as unpatentable over Lang.                         
                     On consideration of the record, we shall sustain the examiner's rejection of claim                
              15.  We do not, however, sustain the rejection of claims 1 through 4, 8 through 14, 16 and               
              18.                                                                                                      
                                                      Claim 15                                                         
                     In column 10, example 4, Lang discloses a process for the preparation and work-up                 
              of an N-hydroxypropyl-chitosan by (1) dispersing lower-molecular chitosan in water;                      


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