Ex Parte NAGGI et al - Page 4




                 Appeal No. 2002-1356                                                                                                             
                 Application No. 09/206,063                                                                                                       
                         they are also known to degrade during heat sterilization to aldonic acids                                                
                         and formaldehyde.                                                                                                        
                         In the section entitled “Summary of the Invention”, the specification indicates that                                     
                 the invention provides a sterilized peritoneal dialysis solution comprising a glucose                                            
                 polymer linked predominantly by "-1,4 bonds.  Specification, page 4.  In one                                                     
                 embodiment the glucose polymer linked by "-1,4 bonds is selected from D-glucitol                                                 
                 gluconic acid and an alkylglycoside.  Specification, pages 4-5.  In a further embodiment                                         
                 the invention reduces maltodextrin to D-glucitol linked predominantly by "-1,4 bonds                                             
                 using a solution of water and NaBH4.  Specification, page 7.  In another embodiment                                              
                 maltodextrin is oxidized to a gluconic acid linked predominantly by "-1,4 bonds using a                                          
                 solution of water and NaOCl.  Specification, page 8.  It is known in the art that                                                
                 maltodextrin is a starch product which consists of D-glucose units linked primarily by "-                                        
                 1,4 bonds.                                                                                                                       


                 35 U.S.C. § 103                                                                                                                  
                         Claims 5-22 stand rejected under 35 U.S.C. § 103(a) as obvious over                                                      
                 Solomons in view of Eliasson and Horn.                                                                                           
                         We note our review of the present appeal has been complicated by the fact that                                           
                 the examiner has failed to separately address each rejection as it applies to each of the                                        
                 independent claims.  However, we affirm the rejection of the examiner as it applies to                                           
                 claims 5-16 based upon the indicated strengths of the cited references.                                                          
                         In rejecting claims under 35 U.S.C. § 103, the examiner bears the initial burden                                         

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