Ex parte EYAL - 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                                     for publication and is not binding precedent of the Board.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.  18                     
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                            
                                                        __________                                                            
                                BEFORE THE BOARD OF PATENT APPEALS                                                            
                                               AND INTERFERENCES                                                              
                                                        __________                                                            
                                               Ex parte AHARON M. EYAL                                                        
                                                        __________                                                            
                                                  Appeal No. 2001-0697                                                        
                                                Application No. 09/125,033                                                    
                                                        __________                                                            
                                                  HEARD March 5, 2002                                                         
                                                        __________                                                            
                  Before WILLIAM F. SMITH, GRIMES, and GREEN, 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 -27, all of the claims in the application.  Claims 1, 21,                       
                  and 22 are representative and read as follows:                                                              
                         1.      A process for the production of a  condensation product selected                             
                                 from the group consisting of an amide and an ester of a carboxylic                           
                                 acid from an organic compound selected from the group consisting                             
                                 of organic compounds carrying a hydroxyl group and organic                                   
                                 compounds carrying an amine group and from a concentrated                                    
                                 medium resulting from fermentation, said medium containing a salt                            
                                 of said acid, said salt being selected from the group consisting of a                        
                                 sodium salt, a calcium salt and mixtures thereof and said medium                             
                                 being at a pH of at least the pKa of said acid, said process                                 
                                 comprising:                                                                                  






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