Appeal No. 2004-1451
Application No. 09/360,262
In the rejection of the appealed claims, the examiner relies
upon the following references:
Redding, Jr. 5,455,342 Oct. 3, 1995
Owen R. Fennema ed. (Fennema), 3 Food Chemistry 205-207 & 218-220
(Marchel Dekker, Inc. 1996)
J. Brandrup and E. H. Immergut eds., 3 Power Handbook 128-129
& 399-402
Appellants' claimed invention is directed to a process for
modifying the water and oil holding capacities of a dietary fiber
material derived from natural grains and wood products. The
process entails the application of an abrupt pressure change by
mechanical means to the material dispersed in a liquid media.
Appealed claims 1, 3, 4, 6, 7, 9, 15 and 18 stand rejected
under 35 U.S.C. § 102(e) as being anticipated by Redding. The
appealed claims also stand rejected under 35 U.S.C. § 103(a) as
follows:
(a) claims 5, 8, 12 and 13 over Redding;
(b) claims 10 and 16 over Redding in view of The Polymer
Handbook;
(c) claims 11 and 17 over Redding in view of Fennema.
Appellants submit at page 3 of the Brief that "[a]ll of the
pending claims are to be considered as a single group, and the
patentability of all of the pending claims stand or fall
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