Ex parte ANASTASSIADIS et al. - Page 10




                  Appeal No. 1996-2214                                                                                                                    
                  Application No. 08/208,123                                                                                                              

                  glucose/nitrogen ratio, when taken together, are not reasonably suggested or   recognized                                               
                  to be “result effective” by Takayama.                                                                                                   
                           In our view, the examiner has not furnished an adequate evidentiary foundation from                                            
                  which a conclusion of obviousness can be reached.  It follows that we cannot sustain the                                                
                  examiner's rejections of claims 3, 6-9, 11 and 13-21.                                                                                   
                                                                  CONCLUSION                                                                              
                           The decision of the examiner to reject Claims 3, 6-9, 11 and 13-21  under                                                      
                  35 U.S.C. § 103 is reversed.                                                                                                            
                                                                    REVERSED.                                                                             



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                                             WILLIAM F. SMITH                             )                                                               
                                             Administrative Patent Judge                           )                                                      
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                                                                                                   ) BOARD OF PATENT                                      
                                             CAROL A. SPIEGEL                                      )                                                      
                                             Administrative Patent Judge                           )   APPEALS AND                                        
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                                             DEMETRA J. MILLS                                      )                                                      
                                             Administrative Patent Judge                           )                                                      






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