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for publication and is not binding precedent of the Board.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. 30
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte MUHAMMED MAJEED and VLADIMIR BADMAEV
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Appeal No. 2002-0454
Application No. 09/083,122
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ON BRIEF
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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 1-2, 5, 6, 16 and 171, which are all of the claims pending in this
application.
Claim 1 is illustrative of the claims on appeal and reads as follows:
1. A process for the production of potassium hydroxy citric acid, which
potassium hydroxy citric acid is not in the form of a lactone, comprising the steps of:
1 We note appellants' proffered amendment (Paper No. 18) cancelling claims 7-
15. The examiner indicated both on Paper No. 18 and in the Answer, page 2, that the
amendment had been entered. However, upon review of the record, we find the
amendment has not been physically entered. For purposes of this appeal we treat the
amendment cancelling claims 7-15 as entered, and upon return of the application file to
the examiner, clerical entry of the amendment is required.
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