Appeal No. 2005-1918 Παγε 4
Application No. 09/946,396
resulting from the sensitivity limitations of the method used in Gebert[ ] for determining
protein content” (id.). Appellants submit the declaration of co-inventor William A.
Gurske (dated August 13, 2003) in support of their assertions that “the method of
Gebert cannot produce or measure the purity of galactomannan disclosed in portions of
the Gebert [patent]” (Brief, page 9). Having carefully considered the declaration, we find
insufficient basis to support appellants’ assertions.
The basis of Dr. Gurske’s conclusion that Gebert’s purified preparation must
have contained at least 0.40 % protein, rather than the values reported at column 15,
Table 4, is essentially as follows: “Gebert purified galactomannans by centrifugation and
ethanol precipitation” (Declaration, page 4), and this method “is known from prior art
literature”3 which “demonstrate[s] that the methods disclosed in Gebert cannot produce
3 The following references were attached to the Declaration of William A. Gurske,
in support of the conclusions therein:
Heyne & Whistler (Reference “P”), “Chemical Composition and Properties of Guar
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