Ex Parte KESSEL 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                                   for publication and is not binding precedent of the Board.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 KNUT KESSEL, GUNSTER SCHERR,                                                 
                                   MICHAEL KLUGE, NORBERT BIEDERMANN,                                                    
                                THOMAS GREINDL, THOMAS BOGENSTRATTER,                                                    
                                            and WOLFGANG HAHNLEIN                                                        
                                                      __________                                                         
                                                Appeal No. 2002-0439                                                     
                                              Application No. 09/391,384                                                 
                                                     __________                                                          
                                                      ON BRIEF                                                           
                                                     __________                                                          
              Before WINTERS, SCHEINER, and  MILLS, Administrative Patent Judges.                                        
              MILLS, 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 1-7, which are all of the claims pending in this application.                          
                     Claim 1 is illustrative of the claims on appeal and reads as follows:                               
                     1.  In a process for the preparation of creatine or creatine monohydrate by                         
              reaction of sodium or potassium sarcosinate with cyanamide at a temperature of from                        
              20 to 150°C and a pH from 7.0 to 14.0, the improvement which comprises carrying out                        
              the pH adjustment with carbonic acid.                                                                      










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