Ex Parte DOVAL 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                                for publication and is not binding precedent of the Board.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. 29                 
                       UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                 __________                                                   
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                 __________                                                   
                                  Ex parte JOSE LUIS REVUELTA DOVAL,                                          
                                    MARIA  ANGELES SANTOS GARCIA,                                             
                                    JOSE JAVIER GARCIA-RAMIREZ, and                                           
                                GLORIA ANGELICA GONZALEZ-HERNANDEZ                                            
                                                 __________                                                   
                                            Appeal No. 2004-0601                                              
                                          Application No. 08/989,140                                          
                                                 __________                                                   
                                                 ON BRIEF                                                     
                                                 __________                                                   
                Before WINTERS,  MILLS, and GREEN, Administrative Patent Judges.                              
                GREEN, 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 claim 10, the only pending claim.  Claim 10 is reproduced below.           
                      10.    A process for the recombinant preparation of riboflavin which                    
                             comprises cultivating a eukaryotic organism, which has been                      
                             transformed by one or more DNA sequences or an expression                        
                             vector comprising one or more DNA sequences selected from the                    
                             group consisting of SEQ ID NO: 2, SEQ ID NO: 4, SEQ ID NO: 8                     
                             and SEQ ID NO: 12, thereby forming a fermentation medium; and                    
                             isolating the riboflavin from the fermentation medium.                           








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