Appeal No. 1997-0467
Application 08/318,019
stand allowed.
Claims 15 and 17, which are illustrative of the subject matter on appeal, read as
follows:
15. A process of using a cyclodextrin glycosyl transferase, comprising
(a) treating a liquefied starch solution with the cyclodextrin glycosyl transferase at a
temperature above 70EC and a pH in the range of 5.0-6.0; and
(b) recovering a cyclodextrin;
wherein the cyclodextrin glycosyl transferase used in the treatment is derived from a strain
of Clostridium and has a pH optimum of about 5.0 and a temperature optimum in the range
of 80-85EC.
17. A process according to claim 16, wherein the liquefied starch solution is
treated with the cyclodextrin glycosyl transferase at a temperature above 85EC.
The prior art reference relied on by the examiner is:
Japanese Unexamined Patent Application 52-25043 Feb. 24, 1977
(Assignee Japan Maize Products Co. Ltd.)(Maize)
The issues presented for review are:
(1) Whether the examiner erred in rejecting claims 15, 16 and 18 through 22 under
35 U.S.C. § 103 as unpatentable over Maize; and
(2) Whether the examiner erred in rejecting claim 17 under 35 U.S.C. § 112, first
paragraph, as based on a non-enabling disclosure.
On consideration of the record, we reverse both of the examiner's rejections.
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