Appeal No. 2002-1751 Page 6
Application No. 09/098,679
product. Turanskii and Ueoka are relied upon for their descriptions of pH adjustment of
intermediate mixtures present in processes of glycerol recovery. Glycerol is present in these
mixtures of the references, but not at levels of at least 95%. Nor has the Examiner established
that the end product glycerin of either process has the required pH. The intermediates undergo
filtration, distillation and other recovery steps which would likely influence the pH. Shaw is
relied upon for the adjustment of the pH of a lipid emulsion containing glycerin, the emulsion is
not “glycerin.” We, therefore, find that the Examiner has not established anticipation with regard
to the subject matter of any of the claims.
CONCLUSION
To summarize, the decision of the Examiner to reject claims 1-16 under 35 U.S.C.
§ 102(b) is reversed.
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