Ex Parte Beindorff 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                                    for publication and is not binding precedent of the Board.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 CHRISTIAAN BEINDORFF, FREDERICK WILLIAM CAIN,                                             
                                   JOHN HUGH PIERCE, ERIK SCHWEITZER and                                                    
                                       JEROEN NICOLAAS M. VAN STRAALEN                                                      
                                                      ___________                                                           
                                                 Appeal No. 2005-0808                                                       
                                               Application No. 09/863,439                                                   
                                                       __________                                                           
                                                        ON BRIEF                                                            
                                                       __________                                                           
              Before WILLIAM F. SMITH, ELLIS and SCHEINER, Administrative Patent Judges.                                    
              SCHEINER, 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, 2, 5-14 and 17-23, all of the claims remaining.                                        
                     Claim 1 is representative of the subject matter on appeal:                                             
                     1. A blend of a health component and a glyceride, wherein the health component                         
              is a mixture comprising ursolic acid and oleanolic acid in a weight ratio of 1:99 to 99:1,                    
              wherein the mixture is isolated from fruit skins and contains less than 20 wt % of the                        
              natural apolar and/or low molecular weight components present in natural extracts for                         
              ursolic acid and oleanolic acid which provide an off taste to said natural extract, and                       
              wherein the blend contains 5-80 wt % of one or more components selected from mono-,                           
              di- and triglycerides as the glyceride and the glyceride part of the blend displays a solid                   
              fat content measured by NMR-pulse on a non-stabilised [sic] fat at the temperature                            
              indicated of:                                                                                                 
                     5 to 90 at 5C                                                                                         
                     2 to 80 at 20C and                                                                                    
                     less than 15 at 35C.                                                                                  
                     The references relied on by the examiner are:                                                          



Page:  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007