Ex parte MILLER et al. - Page 4




          Appeal 1995-2560                                                            
          Application 07/833,973                                                      
          polymer                                                                     
               and polymeric like material of naturally occurring and                 
               synthetic origin which include commercially available                  
               celluloses such as sodium carboxymethylcellulose (see                  
               column 14, lines 14 and 15).  Zaffaroni further discloses              
               methods whereby the covalent attachment of the flavor                  
               imparting agent to the polymer can be carried out.  One                
               method involve[s (sic)] forming covalent bonds by                      
          reacting                                                                    
               a pendant carboxyl group of a flavor imparting molecule                
               with a hydroxyl, amine, mercaptan group or the like on                 
               the other reactant, wherein activation of a carboxyl                   
          group                                                                       
               can be effected by the reaction of a carboxyl group with               
               various carbodiimides, carbodiimidazoles, Woodward’s                   
          reagent                                                                     
               and the like to form highly active intermediates capable               
               of reacting with other groups in the presence of a                     
          solvent                                                                     
               and under mild reaction conditions to yield the desired                
               compounds (see column 16, lines 30-60).  This method                   
               disclosed by Zaffaroni appears to be within the scope                  
               of the method claimed by the Appellants when the instant               
               claimed polyanionic polysaccharide is                                  
          carboxymethylcellulose                                                      
               and the activating agent is a carbodiimide. . . .                      
                    The Zaffaroni Patent further discloses other                      
               ingredients that can be added to the nonnutritive flavor               
               imparting compound which include the yolk of eggs, milk                
               products, glutamic acid, glycine and alanine which are                 
               within the scope of the instant claimed nucleophiles                   
               disclosed in Claims 30 and 82 of the instant application               
               which sets forth the nucleophile being selected from a                 
               group consisting of an amino acid amide, a monofunctional              
               amine, an amino acid ester, an amino alcohol, and amino                
               thiol, and amino phenol, an amino catechol, an amino                   
          acid,                                                                       
               a salt of an amino acid, a peptide, and a protein.                     
                    Also see column 25, lines 55-60, which discloses the              
               flavor imparting compounds being combine[d, sic] with                  
                    medicinals and pharmaceutical formulations including              
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