Appeal No. 1997-1068
Application 08/161,635
inter alia, a pectin suspension is treated with a cation
preparation to form a composition containing microgel
particles in a liquid continuous phase. However, Unilever A1
does not identify the pectin starting material as having a
degree of esterification greater than 60% as specified for the
claimed pectin starting material. Moreover, there is no
indication that Unilever A1 envisions the use of pectin
starting materials which are HMPs which, when reacted with a
cation, form a mixture comprising two fractions wherein one
fraction is a CSP and the other is a NCSP. Thus, as appellant
argues in the brief at page 18, it is not apparent that
Unilever A1 discloses a process which produces two pectin
fractions as claimed herein, i.e., a first fraction having a
higher degree of calcium sensitivity and a second fraction
having a lower degree of calcium sensitivity as compared to
the pectin starting material, from a reaction with a pectin
starting material as claimed. Even if one of ordinary skill
in this art had been led to have utilized a fruit pectin as
the starting pectin in Unilever A1's process as contended by
the examiner, there is no assurance that first and second
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