Appeal No. 2005-0191
Application No. 09/971,239
We affirm the rejections with respect to claims 15-19 and 27-34, but reverse with
respect to claims 1-8. Our reasons follow.
Background
As indicated by the claims above, the appellants’ invention is directed to a
method which comprises applying a granular starch product which has been hydrolyzed
(i) to an “optimum oil absorption hydrolysis level” ranging from about 30% to about 42%;
(ii) within a range surrounding an estimated oil absorption maximum hydrolysis level;
and (iii) within a range surrounding an estimated fluid absorption optimum hydrolysis
level.
According to the specification, the present invention is based on the discovery
that the oil absorbency maximum hydrolysis level of a porous starch product is lower
than that of water. Specification, p. 4, lines 21-23. The level is said to plateau after
hydrolysis has proceeded from about 30% to about 60%. Id., lines 26-28. The
specification discloses that:
. . . The fluid absorption optimum hydrolysis level may in some embodiments be
considered to be that in which the oil absorption is maximized. In other
embodiments of the invention, the fluid absorption optimum hydrolysis level may
be based on the cumulative absorbence [sic, absorbance] of the porous starch
granule for various fluids, such as fluids that approximate the fluids found on the
skin. One such fluid is a fluid that is composed of a mixture of water, 1% saline
(NaCl), and oil. Specification, p. 5, lines 17-23.
The Kochan reference discloses a body dusting powder which comprises a
granular starch product which has been hydrolyzed from about 45% to about 90%.
Kochan, p. 8, lines 1-4. Kochan further discloses that when this portion of the starch
product has been hydrolyzed, it is capable of absorbing from about 1.2 grams to about
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