Ex Parte GUTTERER - Page 1



                               The opinion in support of the decision being entered today was not written                             
                                       for publication and is not binding precedent of the Board.                                     


                                                                                                      Paper No. 37                    



                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                          __________                                                                  

                                  BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                  AND INTERFERENCES                                                                   
                                                           __________                                                                 
                                                 Ex parte BEATE GUTTERER                                                              
                                                           ___________                                                                
                                                     Appeal No. 2003-0855                                                             
                                                   Application No. 09/147,675                                                         
                                                           __________                                                                 
                                                    HEARD:  June 24, 2003                                                             
                                                           __________                                                                 
               Before WINTERS, WILLIAM F. SMITH, and SCHEINER, Administrative Patent Judges.                                          
               WINTERS, Administrative Patent Judge.                                                                                  
                                                    DECISION ON APPEAL                                                                
                       This appeal was taken from the examiner's decision rejecting claims 3 through                                  
               19, which are all of the claims remaining in the application.                                                          


                                                           The Invention                                                              
                       The invention relates to a process for increasing the proportion of R-epimer in an                             
               R/S-epimer mixture of certain pregna-1,4-diene-3,20-dione 16, 17-acetal 21-esters.                                     
               Claim 17, which is illustrative of the subject matter on appeal, reads as follows:                                     
                       17.  A process for increasing the proportion of R-epimer in an R/S-epimer                                      





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