Ex Parte GRIFANTINI 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                                   for publication and is not binding precedent of the Board.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 RENATA GRIFANTINI,                                                  
                                                GIANNI FRASCOTTI,                                                      
                                               GIULIANO GALLI, and                                                     
                                                  GUIDO GRANDI                                                         
                                                    __________                                                         
                                               Appeal No. 2001-2506                                                    
                                             Application No. 08/415,658                                                
                                                    __________                                                         
                                              HEARD:  June 13, 2002                                                    
                                                    __________                                                         
                 Before WINTERS, ADAMS, and GREEN, Administrative Patent Judges.                                       
                 GREEN, 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 1-15.  Claims 1, 13 and 14 are representative of the                        
                 subject matter on appeal, and read as follows:                                                        

                        1.        A process for the production of D-I-amino acids by the                               
                                  stereospecific conversion of racemic mixtures of 5-substituted                       
                                  hydantoins wherein the conversion reaction is carried out in the                     
                                  presence of a microorganism transformed with the plasmid                             
                                  pSM651 CBS 203.94 capable of expressing at high levels and                           
                                  without inducers an enzymatic system capable of converting                           
                                  said hydantoins into the corresponding D-I-amino acids.                              






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