Ex Parte KATO 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          written for publication and is not binding precedent of the Board.                           

                          UNITED STATES PATENT AND TRADEMARK OFFICE                                    
                                             __________                                                
                              BEFORE THE BOARD OF PATENT APPEALS                                       
                                         AND INTERFERENCES                                             
                                             __________                                                
                                     Ex parte YUKIHISA KATO,                                           
                                          NAOYA HIRAYAMA,                                              
                                         TOSHIKAZU OMORI,                                              
                                         MUNEHIRO HOSHINO,                                             
                                                 and                                                   
                                            YUTAKA FUJII                                               
                                             __________                                                
                                       Appeal No. 2004-2197                                            
                                   Application No. 09/144,851                                          
                                            ___________                                                
                                       HEARD: Jan. 12, 2005                                            
                                            ___________                                                
            Before PAK, OWENS, and DELMENDO, Administrative Patent Judges.                             
            DELMENDO, Administrative Patent Judge.                                                     

                                        DECISION ON APPEAL                                             
                  This is a decision on an appeal under 35 U.S.C. § 134                                
            (2004) from the examiner’s final rejection of claims 21 through                            
            24 and 27 through 31 in the above-identified application (final                            
            Office action mailed Jan. 9, 2003).                                                        
                  The subject matter on appeal relates to a method for                                 
            producing a fruit vinegar.  According to the appellants, “it has                           
            been found [in citrus fruit juices used as starting materials                              




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