Ex Parte KESSEL et al - Page 7




                  Appeal No. 2002-0439                                                                                                                    
                  Application No. 09/391,384                                                                                                              
                  select carbon dioxide, from a large group of known organic and inorganic acids, or why                                                  
                  an acid which is acceptable for the use in the adjustment of wastewater treatment                                                       
                  would be appropriate for use in a specific chemical synthesis of creatine or creatine                                                   
                  monohydrate.                                                                                                                            
                           On facts and record before us, we find that the examiner has not established a                                                 
                  prima facie case of obviousness.   The rejection is reversed.                                                                           


                                                                         REVERSED                                                                         


                                                                                                   )                                                      
                                                      SHERMAN D. WINTERS                           )                                                      
                                                      Administrative Patent Judge                  )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )       BOARD OF                                       
                                                      TONI R. SCHEINER                             )         PATENT                                       
                                                      Administrative Patent Judge                  )    APPEALS AND                                       
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                      DEMETRA J. MILLS                             )                                                      
                                                      Administrative Patent Judge                  )                                                      

                           WEIL & WEINKAUF                                                                                                                
                           1101 Connecticut Ave., NW                                                                                                      
                           Washington, D.C. 20036                                                                                                         






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