Appeal No. 2006-2369 Page 3
Application No. 10/169,618
D.E. “formally corresponds to the grams of D-glucose (dextrose) per 100 grams of dry
substance.” Id. Thus, pure glucose (dextrose) by definition has a D.E. of 100. Id. D.E.
therefore is “a measurement of the extent of the hydrolysis of the starch and also a
relative indication of the average molecular weight of the glucose polymers in the starch
hydrolysate.” Id. The specification discloses that, for use in urethane glucoside
derivatives, preferred starch hydrolysates have a D.E. ranging from 1 to 47. Page 6.
Urethane derivatives of starch hydrolysates are prepared “by reacting the starch
hydrolysate with the selected alkyl isocyanate, or mixture of alkyl isocyanates, in
solution with a solvent which is inert with respect to the starch hydrolysate, the
isocyanate, and the reaction product.” Page 10.
Discussion
1. Claim construction
Claims 1-7, 9, and 11-33 are on appeal. Appellants argue product claims 1-7, 9,
11-13, and 15-33 separately from process claim 14. See the Appeal Brief, page 5.
Appellants state that claims 1-7, 9, 11-13, and 15-33 stand or fall together with respect
to the pending rejection, and that claim 14 stands or falls on its own. Id.
With respect to the product claims, we will focus on claim 9, which is
representative. Claim 9 reads as follows:
9. Glucoside alkyl urethane (I) which is composed of units of formula (II)
A (O - CO - NH - R)s (II)
wherein
A represents a glucosyl unit of a starch hydrolysate molecule, the starch
hydrolysate having a Dextrose Equivalent (D.E.) ranging from 1 to 47,
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