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                                    for publication and is not binding precedent of the Board.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:                                                          

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