Appeal No. 2002-1356
Application No. 09/206,063
Claim 17
Claim 17 is directed to a method of preparing a stabilized osmotic agent
comprising the following step: dissolving starch in an acid and an alcohol selected from
the group consisting of methanol, butanol and glycerol. We agree with appellant that
the examiner has failed to put forth sufficient evidence to support a prima facie case of
obviousness. Specifically, the rejection fails to address the limitation of dissolving the
starch in an acid or alcohol. We do not find that either the Answer or the Final
Rejection address the subject matter of claim 17, separately argued by appellants in the
Brief. Thus, we do not find that the examiner has presented any evidence to support
unpatentability of claims 17-22 for obviousness or otherwise. We are constrained to
reverse the rejection of the claims for obviousness as it applies to claim 17.
The rejection of claims 5-16 under 35 U.S.C. § 103(a) as obvious over Solomons
in view of Eliasson and Horn is affirmed.
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