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for publication and is not binding precedent of the Board.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
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
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
5 to 90 at 5°C
2 to 80 at 20°C and
less than 15 at 35°C.
The references relied on by the examiner are:
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Last modified: November 3, 2007