Ex parte KURIHARA et al. - Page 3




               Appeal No. 1996-1960                                                                                                    
               Application No. 07/975,167                                                                                              


               April 13, 1995), to the examiner’s supplemental answer (Paper No. 40, mailed August 29, 1995)                           

               and to the examiner’s second supplemental answer (Paper No. 42, mailed January 23, 1996) for the                        

               examiner’s reasoning in support of the rejection and to the appellants’ brief (Paper No. 36, filed                      

               January 4, 1995), to the appellants’ reply brief (Paper No. 39, filed June 13, 1995) and to the                         

               appellants’ second reply brief (Paper No. 41, filed October 30, 1995) for the appellants’ arguments                     

               thereagainst.4                                                                                                          

                       The claimed invention is directed to                                                                            

               C       water-soluble G ~ OR  sugar ester derivatives per se which are 4-nitrophenyl or 4-                              
                                               3                                                                                       
                       (nitrovinyl)phenyl-glucosides (i.e., formula (I)(B)(C)) or 4-nitrophenyl or 4-(nitrovinyl)phenyl-               
                       maltosides (i.e., formula (I)(A)(C)) in which the hydroxyl group(s) at the 4- and/or 6-position                 
                       of the non-reductive terminal glucose is modified with an ester residue of saturated or                         
                       unsaturated fatty acid having 5-30 carbon atoms (claims 13-14),                                                 

               C       reagents for measuring lipase activity comprising the G ~ OR  sugar ester derivative  (claims 15                
                                                                                        3                                              
                       and 19), further comprising at least one auxiliary enzyme selected from "-glucosidase,                          
                       glucoamylase and ß-glucosidase (claims 16-18), and                                                              
                                                                                                                                      
               C       a method for measuring lipase activity comprising allowing a sample to act on the                               
                       G ~ OR  sugar ester derivative in the presence of at least one auxiliary enzyme selected from                   
                                3                                                                                                      
                       "-glucosidase, glucoamylase and ß-glucosidase to produce cleaved 4-nitrophenol or 4-                            
                       (nitrovinyl)phenol compounds, which compounds are then measured to determine the lipase                         
                       activity of the sample (claim 20).                                                                              

               (See specification, pages 4-5 and 13-14; brief, pages 2-4.)                                                             



                       4  Appellants’ third reply brief (Paper No. 43, filed March 25, 1996) was refused entry by the examiner in a    
               letter mailed May 8, 1996 (Paper No. 44) “because it is not limited to new points of argument or to new grounds of      
               rejection raised in the examiner’s answer” and, therefore, has not been considered in our decision.                     
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