Appeal No. 1997-1068
Application 08/161,635
HMP having a distributed charge as depicted by the Formula II
pectin is said to be a CSP fraction pectin. The herein
claimed process treats a pectin starting material having a
degree of esterification greater than 60% with a cation-
containing preparation to obtain “at least a first fraction
having a higher degree of calcium sensitivity and a second
fraction having a lower degree of calcium sensitivity than the
pectin starting material.” See appealed claim 86.
The stated rejections of the appealed claims based on the
Unilever references cannot be sustained. First, as appellant
has emphasized in his brief, the Unilever B1 reference is not
available as prior art to the present application. Thus, the
alternatively stated rejection based on this document is
reversed. However, appellant acknowledges that the rejection
based on Unilever A1 must be considered on the merits since
this reference has a publication date of June 19, 1991 and is
thereby an effective prior art reference to the subject matter
defined by the appealed claims.
The examiner correctly points out that Unilever A1
teaches a method for producing a gel composition wherein,
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