Appeal No. 1998-1893
Application 08/088,125
not indicate that the starch is water soluble, i.e., that a
solution of the starch in water can be formed. Also, in the
Rule 132 declaration of Krochta (filed August 24, 1995), paper
no. 23), Krochta states (page 9) that “[i]ntrinsically, cake
flour is incapable of forming a continuous polymeric film from
solution.” The examiner provides no evidence to the contrary.
The examiner states that because he is unclear as to whether
Macpherson forms an edible polymer film from an edible polymer
film forming solution, the examiner has interpreted Macpherson as
not doing so. (answer, page 7). The examiner relies upon
secondary references to remedy this deficiency in Macpherson.
Two of these references are METHOCEL Cellulose Ethers
Technical Handbook and METHOCEL Food Gums. The examiner argues
(answer, pages 7-8) that as acknowledged by the appellant
(specification, page 10), METHOCEL Cellulose Ethers Technical
Handbook (pages 2, 3 and 31) and METHOCEL Food Gums (page 5)
disclose cast films of cellulose ethers which are strong, water
soluble, clear, tough and smooth. The examiner argues that these
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