Ex parte MILLER et al. - Page 6




          Appeal 1995-2560                                                            
          Application 07/833,973                                                      
               We see no error in the examiner’s determination that                   
          Zaffaroni generically describes a process 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 a                      
          composition wherein said modifying compound causes the                      
          formation of a new active carbonyl group on said polyanionic                
          polysaccharide.  However, appellants argue that “[w]ater                    
          solubility is an essential characteristic of the Zaffaroni                  
          compounds since this characteristic permits their use as food               
          additives” (Br., p. 18, first para.).  As support for the                   
          argument, appellants cite Zaffaroni’s disclosure at column 1,               
          lines 59-64, and column 2, lines 19-24.                                     
               The examiner responds that, because Zaffaroni                          
          contemplates                                                                
          a method comprising combining, in an aqueous mixture, one of                
          appellants’ representative polyanionic polysaccharides, a                   
          modifying compound, at least one of appellants’ representative              
          nucleophile components, and at least one of appellants’                     
          representative activating agents, under conditions sufficient               
          to form a composition wherein said modifying compound causes                
          the formation of a new active carbonyl group on said                        
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