Appeal No. 2004-1451
Application No. 09/360,262
materials which are processed in accordance with the presently
claimed method are defined as 'particulate dietary fiber' as
opposed to 'starches' and 'other polymers' as characterized in
the Redding patent" (sentence bridging pages 5 and 6 of Brief),
the examiner has accurately drawn a specific correspondence
between the materials acted upon by the Redding process and those
disclosed and claimed as dietary fiber in the present
application. In particular, the natural grain and wood products
of appealed claim 1 include high protein, powdered cellulose,
corn fiber, sodium carboxymethylcellulose and microcrystalline
cellulose, which materials directly correspond to the corn zein,
bark and carboxymethylcellulose disclosed by Redding.
Consequently, although Redding does not expressly disclose
that the application of an abrupt pressure change modifies the
water and oil holding capacities of the fiber material, we find
that the examiner has drawn the reasonable conclusion that the
process of Redding inherently brings about the claimed
modifications. It only stands to reason that since Redding
subjects the same materials to the same abrupt changes in
pressure, the same materials would undergo the same
modifications. Furthermore, it would seem that the change in
solubility discussed by Redding would indicate a change in water
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