Ex Parte Stevens et al - Page 8


               Appeal No. 2006-2369                                                                          Page 8                  
               Application No. 10/169,618                                                                                            

               disaccharides, trisaccharides, tetrasaccharides and oligosaccharides is useful as the                                 
               polysaccharide portion of the compound, and that hydrolysates having higher molecular                                 
               weight oligosaccharides of seven or more monomers are “especially” preferred.  See                                    
               [0007]:                                                                                                               
                       [A]s the polysaccharide used as a raw material in this invention --                                           
                       disaccharide and trisaccharide -- tetrasaccharide . . . including                                             
                       oligosaccharide, all the carbohydrates that produce the monosaccharide                                        
                       more than dyad by hydrolysis are usable, and the high molecular                                               
                       compound (what the monosaccharide of seven or more molecules usually                                          
                       condensed) . . . especially is suitable.  If such polysaccharide is illustrated                               
                       concretely, a cellulose, a pullulan, starch, etc. will be mentioned.                                          
                       (Emphases added.)                                                                                             
                       This disclosure in Sony ’649 suggests the claimed D.E. range of 1 to 47.                                      
               Appellants’ specification, at pages 4-5, explains in detail the relationship between starch                           
               hydrolysates and D.E.:                                                                                                
                               D-glucose (dextrose) presents strong reducing power. Starch                                           
                       hydrolysates are polydisperse mixtures . . . composed of D-glucosyl                                           
                       chains, which also present reducing power resulting from the presence of                                      
                       D-glucose and reducing sugar units (which are essentially terminal                                            
                       glucosyl units) on the oligomeric and polymeric molecules.                                                    
                               A result thereof is that, starting from a given starch product, the                                   
                       more the hydrolysis has proceeded, . . . the higher the reducing powder                                       
                       [sic] of the obtained starch hydrolysate. . . .  The reducing power is                                        
                       expressed as dextrose equivalents (D.E.) which formally corresponds to                                        
                       the grams of D-glucose (dextrose) per 100 grams of dry substance.  D-                                         
                       glucose having per definition a D.E. of 100, the D.E. indicates the amount                                    
                       of D-glucose and reducing sugar units . . . in a given product . . . .  Thus                                  
                       the D.E. is in fact also 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.                                                                   
                       Thus, as we understand it, a nominally hydrolyzed starch-containing solution                                  
               would have a D.E. of 1, a totally hydrolyzed starch preparation containing only glucose                               
               would have a D.E. of 100, and a solution of maltose (a disaccharide composed two                                      





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