Appeal No. 2002-1364 Page 8
Application No. 09/402,761
Error in Applicants' Reply Brief
In passing, we note an apparent error in applicants' Reply Brief stating that
Yamamoto, on the other hand, at col. 4, lines 6-8 discloses the use of
from 4 to 15, and preferably 8 to 15 moles of sucrose per mole of fatty
acid lower alkyl ester [Paper No. 15, page 3, lines 3-5].
In fact, Yamamoto discloses that
From 4 to 15 moles, preferably from 8 to 15 moles per mole of sucrose of
fatty acid lower alkyl esters are used [Yamamoto, column 4, lines 6-8].
Conclusion
In conclusion, the examiner has not established that Yamamoto would have led
a person having ordinary skill in the art to the claimed process including the specific
order or sequence of combining reagents required by the claims. Accordingly, on this
record, the examiner has not established a prima facie case of obviousness of claims
11 through 20 based on Yamamoto.
The examiner's decision is reversed.
REVERSED
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
William F. Smith )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
Demetra J. Mills )
Administrative Patent Judge )
Cognis Corporation
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