Ex Parte Wollmann 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                                for publication and is not binding precedent of the Board.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 GERHARD WOLLMANN,                                               
                                          JOERG SCHWARZER, and                                                 
                                           BERNHARD GUTSCHE                                                    
                                                 __________                                                    
                                            Appeal No. 2005-0222                                               
                                          Application No. 09/923,629                                           
                                                 __________                                                    
                                                  ON BRIEF                                                     
                                                 __________                                                    
                Before ELLIS, ADAMS, 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 claims 1-9 and 13-31.1  Claim 1 is representative of the subject            
                matter on appeal, and read as follows:                                                         
                      1.     A process for producing sterols, said process comprising:                         
                      (a)  providing a fatty acid production-residue, said residue comprising                  
                      sterol esters, free fatty acids, and partial glycerides;                                 
                      (b)    removing the free fatty acids;                                                    
                                                                                                               
                1 Claims 1-32 are pending.  Claims 10-12 and 32 stand objected to, but have been indicated as  
                allowable if rewritten in independent form.  See Appeal Brief, page 3.                         





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