Ex Parte WANG 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                                  for publication and is not binding precedent of the Board.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. 26                   
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                   
                                                   __________                                                       
                             BEFORE THE BOARD OF PATENT APPEALS                                                     
                                           AND INTERFERENCES                                                        
                                                   __________                                                       
                                   Ex parte JAW-KAI WANG and TIM HERING                                             
                                                   __________                                                       
                                              Appeal No. 2001-1973                                                  
                                            Application No. 08/734,184                                              
                                                   __________                                                       
                                                    ON BRIEF                                                        
                                                   __________                                                       
                 Before WILLIAM F. SMITH, SCHEINER, and GRIMES, Administrative Patent                               
                 Judges.                                                                                            
                 GRIMES,  Administrative Patent Judge.                                                              

                                             DECISION ON APPEAL                                                     
                       The examiner has finally rejected claims 1-10, all of the claims remaining.                  
                 Claim 1 is representative and reads as follows:                                                    
                       1.     A method for continuous culturing of microalgae comprising the                        
                 steps of providing an open container, providing a culture medium having an                         
                 aqueous medium and a seed stock of the microalgae in the container, exposing                       
                 the culture medium to light, maintaining a pH of the culture medium at a fixed                     
                 level, harvesting a portion of the culture medium at a duration after a                            
                 predetermined period and adding a replacement seed stock medium to an                              
                 unharvested portion of the medium, wherein the providing a culture medium step                     
                 further comprises the step of establishing concentrations of constituent elements                  
                 in the aqueous medium for unialgal harvesting for promoting optimum growth                         
                 rates of the microalgae.                                                                           







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