Appeal No. 93-4005
Application 07/795,158
This appeal is from a decision of the Primary Examiner
rejecting claims 3, 4 and 6 as being unpatentable under
35 U.S.C. § 103 over the prior art.
Initially, we note that the examiner's answer (Paper No.
10) creates some confusion as to the claims on appeal. At the
time of the final rejection (Paper No. 5), claims 1-6 were in
the application. Claims 1-2 were withdrawn from
consideration. Claims 3-6 were rejected. An amendment (Paper
No. 6) after final cancelled claim 5. In his appeal brief
(Paper No. 9), applicant indicates that claims 3, 4 and 6 are
on appeal. In the examiner's answer, it is stated that claims
1-5 are rejected (page 2, last two lines) and that
patentability stands or falls with claim 6 (page 2, second
full paragraph). We agree with applicant that claims 3, 4 and
6 are the claims on appeal.
We reverse the examiner's rejection of claims 3, 4 and 6
and enter a new ground of rejection pursuant to 37 CFR
§ 1.196(b).
A. Findings of fact
Applicant's invention
1. Riboflavin (Vitamin B ) has the formula:
2
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