Ex Parte Yuksel 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                                 for publication and is not binding precedent of the Board.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   K. UMIT YUKSEL, ANA T. BIRD                                                      
                                                     and KIRBY S. BLACK                                                              
                                                           __________                                                                
                                                     Appeal No. 2006-0272                                                            
                                                  Application No. 09/986,124                                                         
                                                           __________                                                                
                                                            ON BRIEF                                                                 
                                                           __________                                                                
               Before ADAMS, MILLS, and LEBOVITZ, Administrative Patent Judges.                                                      
               MILLS, 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 30-47 and 53-54, which are all of the claims on appeal in this                                    
               application.  Claims 30 and 38 are representative and read as follows:                                                
                       30.   A kit for forming a solid cellular foam proteinaceous biopolymeric material                             
                               comprising separate reactable aliquot portions consisting of a first                                  
                               aqueous solution containing a proteinaceous material, and a second                                    
                               aqueous solution which is reactable with the proteinaceous component of                               
                               the first aqueous solution to form a solid proteinaceous biopolymeric                                 
                               material in response to mixing of said first and second aqueous solutions,                            
                               wherein the first aqueous solution includes a blowing agent, and wherein                              
                               said second aqueous solution includes an acidic titrant reactable on                                  
                               contact with the blowing agent sufficient to evolve gas to impart a cellular                          
                               foam structure to the proteinaceous bioploymeric material concurrently                                
                               while said proteinaceous material of said first aqueous solution reacts with                          






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