Appeal No. 95-3969
Application 08/181,273
have been motivated to select the ascorbic acid disclosed in Fine for the acid component in Kiozpeoplou.
As for the rejection under 35 U.S.C. § 112, this rejection cannot be sustained because the phrase objected
to is functional and because its presence in the preamble in the claim does not render the claimed method
indefinite. For the foregoing reasons, the decision of the examiner is reversed.
REVERSED
RONALD H. SMITH )
Administrative Patent Judge )
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) BOARD OF PATENT
TEDDY S. GRON )
Administrative Patent Judge ) APPEALS AND
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) INTERFERENCES
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CAMERON WEIFFENBACH )
Administrative Patent Judge )
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