Appeal No. 2006-0442 Page 8
Application No. 10/123,142
4. Obviousness based on Leung and Cherukuri
The examiner rejected claims 2, 12, 22, and 32 as obvious in view of Leung and
Cherukuri.4 The rejected claims are limited to compositions in which the modified starch
is maltodextrin.
The examiner characterized Leung as teaching
fast dissolving, orally consumable, edible films comprising suitable film-
forming agents of high amylose starch, hydroxypropylated high amylose
starch (modified starch), dextrin, hydroxypropyl cellulose, surfactants and
flavorants/flavor ingredients. . . . Leung et al. does not teach maltodextrin
as the modified starch.
Examiner’s Answer, page 15. The examiner cited Cherukuri as teaching “a multiple
encapsulated flavor delivery system” comprising “modified starches, maltodextrin,
hydroxypropyl cellulose and mixtures thereof,” for use in “confections, pharmaceutical
preparations and denture products.” Id.
The examiner concluded that it would have been obvious
to use the combined teachings of Cherukuri et al. within Leung et al.
because Cherukuri et al. teach oral hygiene and dentifrice products
comprising modified starches, maltodextrin and hydroxypropyl cellulose,
which are taught to be effective hydrocolloids and film-forming
carbohydrates and similarly Leung et al. teach fast dissolving, orally
consumable, edible films comprising suitable modified starches (i.e.,
hydroxypropylated high amylase starch). The expected result would be an
improved and effective film composition for oral hygiene applications.
Id., pages 15-16.
Appellants argue that Cherukuri “teaches that maltodextrin may be used in an
encapsulation matrix coated onto a core of a free-flowing particulate delivery system. . . .
A protective coating on a particulate material . . and a free standing film . . . are not the
4 Cherukuri et al., U.S. Patent 5,004,595, issued April 2, 1991.
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