Appeal No. 2006-0295
Application 10/053,926
commonly referred to as fluidity or thin-boiling starches, are starches whose molecular weight
has been reduced by mild acid hydrolysis or enzyme conversion” (e.g., col. 2, ll. 54-61, col. 3,
ll. 54-58, and col. 5, l. 66, to col. 6, l. 27). We note here that these conversion methods are
essentially the same as disclosed by appellants in the written description in the specification as
we found above, and Eden employs the same method for determining WF as appellants (e.g.,
col. 8, l. 28, to col. 9, l. 12). Eden would have further disclosed “that the degree of conversion,
as indicated by water fluidity, is affected by the amount of acid or enzyme used as well as the
time and temperature,” wherein “[t]he conversion conditions should be adjusted to provide an
appropriate water fluidity,” and “[t]he . . . conversion procedures are conventional and well-
known to those skilled in the art” (col. 6, ll. 28-32 and 57-62). Eden would have taught that “the
second starch component (typically a fluidity corn starch) is blended with the pregelatinized
starch or separately added to the confectionary formulation without prior cooking,” wherein
“[t]he converted starches preferred for use in combination with the pregelatinized high amylose
starches are prepared from starch bases other than high amylose starches, such as corn, potato,
sweet potato, rice, sago, tapioca, waxy maize, sorghum, or the like,” and “[t]he converted
starches referred to as thin-boiling confectioner’s cooking starches, which include acid-
hydrolyzed o oxidized corn, sorghum, and wheat starches having amylose contents of about
25-35% amylose, are preferably employed in the blend, with the acid-hydrolyzed corn starch
being most preferred” (col. 6, ll. 34-56; emphasis supplied).
The Eden Examples illustrate the preparation of confectionaries using starch blends and
confectionary compositions with fluidity corn starches of 65 WF (Examples I, II, IV through VI
and VIII through X) and 75 WF (Example III). As we pointed out (see above note 2), Eden
claim 6 encompasses a process using “converted corn starch having a water fluidity of about 40-
80.”
Based on this substantial evidence, we determine that, prima facie, one of ordinary skill
in this art routinely following the teachings of Eden would have reasonably arrived at fluidity
sago starch contained in compositions prepared during conversion, in blends with high amylose
starches and in confectionary compositions, wherein the fluidity sago starch has WF values
falling within the claimed range of such values, as specified in representative appealed claims
9, 10, 16, 19, 20 and 26. Indeed, the disclosure of Eden would have reasonably motivated this
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