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written for publication and is not binding precedent of the Board.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 Werner Pompetzki,
Joachim Schuler, and
Dietrich Maschmeyer
____________
Appeal No. 2005-0138
Application No. 09/618,044
____________
ON BRIEF
____________
Before WALTZ, JEFFREY T. SMITH, and PAWLIKOWSKI, Administrative
Patent Judges.
WALTZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the primary examiner’s
rejection of claims 1, 2 and 5 through 17, which are the only
claims pending in this application. Although appellants take this
appeal from a non-final rejection (dated Oct. 23, 2003, Paper No.
22), we have jurisdiction since the claims have been twice
rejected. See 35 U.S.C. § 134.
According to appellants, the invention is directed to a
process for the hydrogenation of acetone to produce isopropanol,
where acetone with a water content of less than or equal to 1.0% by
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