Appeal No. 1997-1068
Application 08/161,635
fractions of CSP and NCSP would be obtained, because there is
no assurance that any particular selected fruit pectin
starting material would possess the properties required to
produce the claimed first and second fractions. Compare the
brief at page 17. Accordingly, the examiner’s stated
rejection of the appealed claims based on Unilever A1 cannot
be sustained.
OTHER ISSUES
In appellant’s brief at page 13, appellant describes the
Rolin reference as disclosing that pectins produced from
citrus fruits can be both highly esterified and calcium
sensitive. In addition, we note that Rolin discloses that
when hard water is used in some mixtures of high-esterified
pectins, there is a tendency for the pectins to react with
calcium to form undissolved pectin and dissolved pectin. See
page 1, line 34 to page 2, line 3 of Rolin. Prior to taking
further action in this application, the examiner should
carefully evaluate the Rolin reference inclusive of the above
disclosure to determine whether there is any basis to conclude
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