Appeal No. 94-3436
Application 07/849,490
This is an appeal from the final rejection of claims 1-6,
15-19 and 30-34. Claim 21 has been cancelled, and all other
claims have been withdrawn pursuant to a restriction requirement.
The subject matter of the appealed claims relates to a water
soluble peat-derived bioactive product. Claim 1, the only
independent appealed claim, reads as follows:
1. A water soluble peat-derived bioactive product
containing not more than 70% by weight sodium chloride, based on
dry mass.
The reference relied upon by the examiner is:
Belkevich et al. (Belkevich) 4,272,527 June 9, 1981
Our decision is based on a review of the record including
Appellants' appeal brief, the examiner's answer, the reply brief,
the two supplemental examiner's answers, the supplemental reply
brief, the specification and the declaration of Dr. Kukla. The
review of the record indicates that the only remaining rejection
of the claims is based on the Belkevich reference under 35 U.S.C.
§ 102 or 103. We will not sustain this rejection.
The claims are directed to a water soluble peat-derived
product. Belkevich discloses an ethanol extraction of peat wax
resin, which is disclosed by Belkevich at column 1, lines 20-23
to contain sterols and estrogenic compounds. The sterols and
estrogenic compounds are the only disclosed ingredients of the
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