Appeal No. 2005-0191
Application No. 09/971,239
2.5 grams of water per gram of starch. Id., lines 4-6. Kochan still further discloses that
when more than 90% of the starch product is hydrolyzed, “it tends to have a gritty feel
and be unsuitable as a body dusting starch.” Id., lines 6-9.
The Kobayashi and Whistler patents disclose methods of hydrolyzing granular
starch products using the enzymes glucoamylase, "-amylase, and $-amylase.
Kobayashi, col. 2, lines 14-23; Whistler, col. 1, lines 63-67.
Discussion
As discussed above, the claims stand for fall with representative claims 1, 15 and
27. Having limited our consideration of the issues accordingly, we find that the
teachings of the Kochan reference alone are dispositive. Thus, because Rejection I and
II are based on Kochan, our deliberations set forth below are applicable to both
rejections.
Group I
With respect to the issue of anticipation, the examiner argues that Kochan
anticipates the invention described in representative claim 1 because the reference
describes a composition comprising a granular starch product which is partially
hydrolyzed with "-amylase to a hydrolysis level ranging from “about 45% to about 90%.”
Answer, p. 4. The examiner points to the phrase “oil absorption maximum hydrolysis
level” recited in the claim and argues that the specification discloses that this level “can
range from about 30% to 50%, and may be about 40% in certain embodiments.” Id., p.
5. Thus, the examiner contends that “because Kochan’s granular starches are
5
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