The opinion in support of the decision being entered today
was not written for publication in a law journal and
is not binding precedent of the Board.
Paper No. 29
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte ERIC JEAN-LUC PERRIER and ALAIN R. HUC
__________
Appeal No. 1997-2436
Application 08/232,014
___________
HEARD: JULY 11, 2000
___________
Before WILLIAM F. SMITH, Administrative Patent Judge, McKELVEY, Senior
Administrative Patent Judge, and ROBINSON, Administrative Patent Judge.
ROBINSON, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the examiner's final
rejection of claims 3-50, which are all of the claims pending in the application. Claims 23,
24, and 36 are illustrative of the claims on appeal and read as follows:
23. A process for the production of nanocapsules or nanoparticles, said
nanocapsules or nanoparticles having a size of less than 800 nM, with crosslinked protein-
based walls, which comprises preparing a nanoemulsion of at least one acylatable group-
containing protein, said emulsion comprising a water phase, an oil phase, defining an
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