Appeal No. 2005-1918 Παγε 2
Application No. 09/946,396
THE CLAIMS
Claim 1 is representative of the subject matter on appeal:
1. A composition comprising:
a galactomannan having 50-90% be weight of mannose residues;
10-50% by weight of galactose residues; and
less than 0.1% by weight of protein.
THE REJECTIONS
The examiner rejected claims 1 and 2 under 35 U.S.C. § 102 (b) as anticipated
by Gebert,1 and rejected claims 1-5 under 35 U.S.C. § 103, as unpatentable over
Gebert and Bayerlein.2
We affirm both of these rejections.
DISCUSSION
Anticipation
The claimed galactomannan composition contains less than 0.1% protein by
weight. According to the examiner, Gebert describes “a composition comprising a
purified galactomannan having 50-90% anhydromannose residues [mannose residues],
1 Gebert et al., U.S. Patent 6,063,402, filed June 7, 1995, and issued May 16,
2000.
2 Bayerlein et al., U.S. Patent 4,753,659, filed August 11, 1986, and issued June
28, 1988.
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