Ex Parte ISHIGURO 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                                   for publication and is not binding precedent of the Board.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. 15                    
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                     __________                                                         
                              BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                          
                                                     __________                                                         
                               Ex parte MASAJI ISHIGURO, TAKASHI NAKATSUKA,                                             
                          RIE TANAKA, TETSUO SHIMAMOTO, and TAKURO YOSHIDA                                              
                                                     __________                                                         
                                                Appeal No. 2001-1045                                                    
                                             Application No. 09/178,594                                                 
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         
                 Before WINTERS, 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 15-19, all of the claims remaining.  The claims are                          
                 directed to a method of making a 4-substituted azetidinone derivative by reacting                      
                 an azetidinone derivative with an ester in the presence of a catalyst.  The claims                     
                 are reproduced in an appendix attached to the Appeal Brief.                                            
                        The examiner does not rely on any references.                                                   
                        Claims 15-19 stand rejected under 35 U.S.C. § 112, first and second                             
                 paragraphs.  We affirm.                                                                                







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