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written for publication and is not binding precedent of the Board.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 WILLIAM J. SCHMIDT
________________________
Appeal No. 2005-2193
Application No. 09/385,405
________________________
ON BRIEF
____________________
Before WARREN, TIMM and FRANKLIN, Administrative Patent Judges.
Timm, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims 71-83, the only claims pending in this application. We have
jurisdiction over the appeal pursuant to 35 U.S.C. § 134.
INTRODUCTION
In the process of encapsulating products such as drugs and vitamins, a certain amount of
the encapsulation material is lost to waste (specification. p. 2, ll. 7-8). This waste contains
gelatin, additives added to the gelatin base, and the substances being encapsulated (e.g., the
drugs and vitamins) (specification, p. 2, l. 19 to p. 3, l. 3). The waste may also contain colorings
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