Ex Parte FITCHETT - Page 2


             Appeal No. 2004-1935                                                               Page 2                
             Application No. 09/308,403                                                                               

                    17.    A process for effecting oxidative gelation of  a water soluble                             
                           hemicellulose-based composition comprising non-cellulosic, non-starch                      
                           hemicellulose material, wherein the hemocellulosic material comprises at                   
                           least one polysacchardie and at least one polysaccharide is redox                          
                           enzymes, said generation comprising the steps of:                                          
                    (a)  providing oxygen to the composition and/or                                                   
                    (b)    providing water to the composition; and/or                                                 
                    (c)    providing oxidase substrate to the composition; and/or                                     
                    (d)    activating one or more of the redox enzymes.                                               
                    The examiner relies on the following references:                                                  
             Crawford et al. (Crawford)                5,200,338                  Apr.   6, 1993                     
             Greenshields et al. (Greenshields)        5,530,112                  Jun. 25, 1996                      
                    Claims 1-3, 7-26, and 28-59 stand rejected under 35 U.S.C. § 103 as obvious in                    
             view of Greenshields and Crawford.                                                                       
                    We affirm.                                                                                        
                                                    Background                                                        
                    “Plant tissue, especially cell wall material, contains hemicelluloses.  The term                  
             ‘hemicellulose’ is a term of art used to embrace non-cellulosic, non-starch plant                        
             polysaccharides.”  Specification, page 1.  Arabinoxylan is one important class of                        
             hemicellulose.  See id.  “Phenolic acid (including ferulic acid) and acetyl substituents                 
             occur at intervals along the arabinoxylan chains.”  Page 2.                                              
                    “Aqueous extracts of many hemicellulose fractions are known to form gels (or                      
             viscous media) when treated with oxidizing agents.  The phenomenon is known as                           
             ‘oxidative gelation’ in the art but the term is used [in the specification] in a somewhat                







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