The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 JOHN KEENEY HOWIE, JARED JOHN SCHAEFER, and JAMES EARL TROUT ____________ Appeal No. 2005-0899 Application No. 10/058,520 ____________ ON BRIEF ____________ Before GARRIS, KRATZ and PAWLIKOWSKI, Administrative Patent Judges. KRATZ, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal from the examiner's final rejection of claims 1-28, which are all of the claims pending in this application. Appellants’ invention relates to polyol fatty acid polyester synthesis from polyol and fatty acid ester reactants wherein a substantially constant reflux rate of the fatty acid ester is maintained during the reaction.1 A further understanding of the 1 Appellants define a “substantially constant reflux rate” as a reflux rate with a variance of no “more than about 10%.” See page 11, lines 14 and 15 of appellants’ specification.Page: 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007