Ex Parte Zerbe et al - Page 2


               Appeal No. 2006-0442                                                                          Page 2                  
               Application No. 10/123,142                                                                                            

               wettability of the water-soluble polymer, typically selected from polyalcohols, surfactants                           
               and plasticizers.”  Specification, page 1.                                                                            
                       The specification discloses that “flavored films which disintegrate more rapidly                              
               than previously known flavored films can be obtained by replacing the polymers used in                                
               the known flavored films with hydroxypropyl cellulose and modified starch.”  Page 2.                                  
               “Hydroxypropyl cellulose is . . . a nonionic, water-soluble, film-forming polymer. . . .                              
               Conveniently, hydroxypropyl cellulose is commercially available in a variety of molecular                             
               weights.”  Page 3.                                                                                                    
                       “Modified starches include any of several water-soluble polymers derived from a                               
               starch (e.g., corn starch, potato starch, tapioca starch) such as by acetylation,                                     
               halogenation, hydrolysis (e.g., such as w[ith] an acid), or enzymatic action. . . .                                   
               Maltodextrins are a preferred class of modified starches obtained by hydrolysis.”                                     
               Page 4.                                                                                                               
                                                            Discussion                                                               
               1.  Claim construction                                                                                                
                       Claims 1-3, 5-13, 15-23, 25-33, and 35-40 are pending and on appeal.  Claims 1,                               
               2, and 11 are representative and read as follows:                                                                     
                       1.  A breath freshening comestible comprising:                                                                
                       a film containing at least one hydroxypropyl cellulose;                                                       
                       at least one modified starch;                                                                                 
                       at least one surfactant; and                                                                                  
                       at least one flavor ingredient, the amounts of the hydroxypropyl cellulose,                                   
               modified starch, surfactant, flavor ingredient, and any optional ingredients selected to                              
               provide a film that rapidly disintegrates in water without leaving a noticeable residue.                              





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