Ex parte MILLER et al. - Page 1





                     The opinion in support of the decision being entered today was not written for                                 
                                  publication and is not binding precedent of the Board.                                            

                                                                                         Paper No. 23                               

                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                          __________                                                                
                                      BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                   AND INTERFERENCES                                                                
                                                          __________                                                                
                                  Ex parte ROSS A. MILLER, ANDREW S. THOMPSON,                                                      
                                      RAMAN K. BAKSHI and EDWARD G. CORLEY                                                          
                                                          __________                                                                
                                                     Appeal No. 2000-0344                                                           
                                                  Application No. 08/718,408                                                        
                                                          __________                                                                
                                                           ON BRIEF                                                                 
                                                          __________                                                                
                   Before WINTERS, MILLS, and GRIMES,  Administrative Patent Judges.                                                
                   GRIMES, Administrative Patent Judge.                                                                             

                                                   DECISION ON APPEAL                                                               
                           This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                                   
                   final rejection of claims 1 -16 and 18-26, all of the claims remaining.  Claims 1 and                            
                   10 are representative and read as follows:                                                                       
                           1.     A process for oxidizing a ? -5 –steroidal alkene to the corresponding                             
                                  ? -5 –7-keto-steroidal alkene comprising treating the ? -5 –steroidal                             
                                  alkene in solvent with a hydroperoxide in the presence of a                                       
                                  ruthenium-based catalyst.                                                                         








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