Ex parte IBRAHIM et al. - Page 1



                            THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                              
                    The opinion in support of the decision being entered today (1) was not written for publication in 
                    a law journal and (2) is not binding precedent of the Board.                                      
                                                                                          Paper No. 17                
                               UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                    ____________                                                      
                                    BEFORE THE BOARD OF PATENT APPEALS                                                
                                               AND INTERFERENCES                                                      
                                                    ____________                                                      
                              Ex parte OSAMA O. IBRAHIM and JOSEPH E. SPRADLIN                                        
                                                    ____________                                                      
                                                  Appeal No. 95-4321                                                  
                                              Application No. 07/976,2411                                             
                                                    ____________                                                      
                                                      ON BRIEF                                                        
                                                    ____________                                                      
             Before GRON, ELLIS, and ROBINSON, Administrative Patent Judges.                                          
             ROBINSON, Administrative Patent Judge.                                                                   


                                               DECISION ON APPEAL                                                     
                    This is a decision on appeal from the examiner's final rejection of claims 1-6,                   
             9-11, and 14-21, which are all of the claims pending in the case.  Independent claims                    
             1 and 11 are  illustrative of the subject matter on appeal and are reproduced below:                     
                    1.  A method of manufacturing D-tagatose from cheese whey, milk, or cheese whey                   
             and milk, comprising the following sequential steps:                                                     
                    subjecting the cheese whey, milk, or cheese whey and milk to ultrafiltration to make              
             a lactose permeate;                                                                                      


                    1 Application for patent, filed November 13, 1992.  According to appellants this application is a 
             continuation-in-part of application 07/821,969, filed January 16, 1992, now abandoned.                   
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