Appeal 1995-2560
Application 07/833,973
polyanionic polysaccharide, Zaffaroni would have suggested the
processes and products by processes appellants claim to
persons having ordinary skill in the art. To the contrary,
appellants argue that Zaffaroni’s teaching would have led
persons having ordinary skill in the art to make and use water
soluble compositions for flavoring foods, not water insoluble
gels or films for use in surgical procedures (Br., p. 20,
first full para.).
We fault both appellants and the examiner for their
superficial reading of Zaffaroni. Moreover, appellants would
have us consider the patentability of processes for making
gels and films and products made by processes which are
designed to make gels or films (Br., p. 20, first full para.),
even though (1) Claims 15-30, 50-52 and 70-83 “stand or fall
together” (Br., p. 8, first full sentence), and (2)
appellants’ broadest claims are not limited to processes for
making gels and films and products made by processes which are
designed to make gels or films.
Appellants have not shown that the examiner erred in
finding that certain specific components Zaffaroni suggests
for use in performing the processes he discloses for the
utility he discloses and the products produced by those
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