Appeal No. 1999-0990
Application No. 08/647,562
page 9; Reply Brief, pages 4-5). We agree.
Maeda discloses the problems with remoistening adhesives
and that these problems can be solved by using the water-
soluble vegetable fibers of his invention (col. 1, ll. 56-61).
However, Maeda only teaches the use of these adhesives in
biodegradable films, paste and chewing gum or other low
calorie food products (col. 1, ll. 17-20; ll. 45-47; col. 4,
ll. 4-13; ll. 30-33; and ll. 39-40). The examiner has failed
to present convincing evidence or reasoning to establish why
one of ordinary skill in this art would have substituted the
adhesive material of Maeda, which is only taught as an
adhesive for food materials, for the binder in the foundry
sand mold of Salzberg. On this record, there is no evidence
that the water-soluble hemicellulose of Maeda is the same or
substantially similar in structure and composition to the
soybean seed meal binder of Salzberg (see Salzberg, page 1,
col. 2, l. 8-page 2, col. 1, l. 3). Evidence of a 2
2In fact, the preponderance of the evidence in this record
shows that the hemicellulose of Maeda is made by a materially
different process than the soybean seed meal of Salzberg and
contains different amounts of protein while being treated at
different temperatures (Brief, page 11; Reply Brief, pages 3-
4). The examiner has not rebutted this evidence (see the
4
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