Ex parte KISHIMOTO et al. - Page 1




                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      
          The opinion in support of the decision being entered today                  
          (1) was not written for publication in a law journal and                    
          (2) is not binding precedent of the Board.                                  
                                                            Paper No. 59              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    _____________                                     
                 Ex parte KATSUMITSU KISHIMOTO, KAZUHIKO KINTAKA and                  
                                 HIROYUKI YOSHINAGA                                   
                                    _____________                                     
                                Appeal No. 1996-2215                                  
                             Application No. 08/101,093                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    
          Before WINTERS, WILLIAM F. SMITH and SPIEGEL,  Administrative               
          Patent Judges.                                                              
          WINTERS, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   

               This appeal is from the examiner’s decision rejecting                  
          claims 25 through 36.                                                       
               Claims 25, 34 and 35 are representative of the subject                 
          matter on appeal and read as follows:                                       
               25.  An industrial production method for producing L-                  
          sorbose by microbial oxidation of D-sorbitol using a                        
          microorganism of the genus Gluconobacter, comprising:                       







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