Ex parte MILLER et al. - Page 3




          Appeal 1995-2560                                                            
          Application 07/833,973                                                      
          (Br.), p. 8, first sentence).   Process Claim 15 and product-2                                              
          by-process Claim 70 are the broadest claims on appeal.  They                
          are reproduced below.                                                       
                    15. A method for making a water insoluble                         
               biocompatible composition, said method comprising                      
               combining, in an aqueous mixture, one or more                          
               polyanionic polysaccharides, a modifying compound, a                   
               nucleophile, and an activating agent under conditions                  
               sufficient to form said composition wherein said                       
               modifying compound causes the formation of a new active                
               carbonyl groups on said polyanionic polysaccharide.                    
                    70. A water insoluble composition prepared                        
               according to the method of claim 15 or 16.                             
                                     Discussion                                       
               Claims 15-17, 19, 22-30, 50-52, and 70-83 stand rejected               
          under 35 U.S.C. § 103 in view of Zaffaroni’s teaching.  The                 
          examiner explains (Ans., pp. 5-6, bridging para., through                   
          pp. 6-7, bridging para., repeated verbatim at pp. 7-8,                      
          bridging para., through p. 9, first full para.):                            
                    Zaffaroni discloses nonnutritive flavor imparting                 
               compounds of the general formula (F-Z)n-C wherein F is an              
               active flavor imparting agent, C is a controlling agent                
               for transporting and essentially restricting absorption                
               of the compound (F-Z)n-C in a biological environment, Z                
               is a covalent bond for bonding F to C and n is at least                
               one.  Zaffaroni discloses that the group C include                     

              2    It is not clear from the Examiner’s Answer why the                
          examiner did not maintain the rejection of Claims 18, 20 and                
          21                                                                          
          under 35 U.S.C. § 103 in view of Zaffaroni’s teaching.                      
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