Appeal No. 1999-1981
Application No. 08/628,625
Claim 7 is illustrative of the subject matter on appeal
and reads as follows:
Claim 7. A method for producing maltose and a limit dextrin,
comprising:
(a) treating a raw starch with a hydrolase classified as
EC 3.2.1.133, wherein said treatment of the starch is
performed at a temperature above 40 C, and below the lowesto
temperature at which the raw starch is gelatinized;
(b) subjecting the treated starch to ultrafiltration to
form a permeate comprising the maltose, and a retentate
comprising the limit dextrin, wherein the maltose content of
the permeate is more than 90%; and
(c) recovering the maltose from the permeate and the
limit dextrin from the retentate by subjecting the retentate
to liquid-solid separation.
In support of his rejection, the examiner relies on the
following prior art references:
Rohrbach et al. (Rohrbach) 4,511,654 Apr. 16,
1985
Kaper et al. (Kaper) 4,780,149 Oct. 25,
1988
Outtrup et al. (Outtrup) 0 120 693 A1 Oct. 3,
1984
(Published European Patent Application)
Appellants’ admission at page 3 of the specification
(hereinafter referred to as “admitted prior art”).
Claims 7 through 10 stand rejected under 35 U.S.C. § 103
as unpatentable over the combined disclosures of Rohrbach,
Kaper and either Outtrup or the admitted prior art.
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