Ex Parte Howie et al - 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                     publication and is not binding precedent of the Board.           
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                             Ex parte JOHN KEENEY HOWIE,                              
                                 JARED JOHN SCHAEFER,                                 
                                 and JAMES EARL TROUT                                 
                                     ____________                                     
                                 Appeal No. 2005-0899                                 
                              Application No. 10/058,520                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before GARRIS, KRATZ and PAWLIKOWSKI, Administrative Patent Judges.         
          KRATZ, Administrative Patent Judge.                                         

                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                 
          rejection of claims 1-28, which are all of the claims pending in            
          this application.                                                           
               Appellants’ invention relates to polyol fatty acid polyester           
          synthesis from polyol and fatty acid ester reactants wherein a              
          substantially constant reflux rate of the fatty acid ester is               
          maintained during the reaction.1  A further understanding of the            

               1 Appellants define a “substantially constant reflux rate”             
          as a reflux rate with a variance of no “more than about 10%.”               
          See page 11, lines 14 and 15 of appellants’ specification.                  




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