Ex parte HUMPHREY et al. - Page 12



            Appeal No. 1995-2659                                                      
            Application 07/896,705                                                    





            Other Issue                                                               
                 During our review of the record, we observed that                    
            parent application 07/576,633, which issued as US Patent                  
            No. 5,185,252, contains claims drawn to an invention                      
            substantially similar to those here at issue.  Two of                     
            those patented claims are reproduced below:                               
               An improved process for enzymatic oxidation of a fatty                 
                  acid in the presence of water and oxygen wherein the                
                  improvement comprises substantially uniformly                       
                  distributing the fatty acid, water and enzyme for                   
                  the                                                                 
                 oxidation throughout a porous bed of solid                           
                 support material in the substantial absence of a                     
                 continuous liquid phase; passing oxygen through                      
                 the bed without fluidizing or stirring the bed;                      
                 and recovering the oxidation product from the                        
                 bed.                                                                 
            5. A process according to claim 1 wherein some of                         
                                                                                     
                 the fatty acid distributed                                           
                 through the bed is in the form of a fat.                             
            A restriction requirement was made in the parent                          
            application.  Since review of that requirement is outside                 
            our jurisdiction, we remand the application back to the                   
            examiner to consider whether the claims in this                           
            application are still drawn in line with that                             


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