Ex Parte BARNHORST 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                                   for publication and is not binding precedent of the Board.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. 22                



                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                    __________                                                         

                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                            AND INTERFERENCES                                                          
                                                    __________                                                         
                                        Ex parte JEFF A. BARNHORST and                                                 
                                                 DEAN A. OESTER                                                        
                                                    ___________                                                        
                                               Appeal No. 2002-0435                                                    
                                             Application No. 08/946,087                                                
                                                    __________                                                         
                                                     ON BRIEF                                                          
                                                    __________                                                         
              Before WINTERS, WILLIAM F. SMITH, and SCHEINER, Administrative Patent Judges.                            
              WINTERS, Administrative Patent Judge.                                                                    
                                              DECISION ON APPEAL                                                       
                     This appeal was taken from the examiner's decision rejecting claims 1 and 3                       
              through 11, which are all of the claims pending in the application.1                                     
                     Claims 1 and 5, which are illustrative of the subject matter on appeal, read as                   
              follows:                                                                                                 
                     1.  A process for removing polyol impurities from a sorbitan ester solution                       
              comprising:                                                                                              

                     1   As stated in the Examiner's Answer, Paper No. 21, section (3), claims 12-21                   
              have been canceled.                                                                                      





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