Ex Parte Romisch 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                                   for publication and is not binding precedent of the Board.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 JURGEN ROMISCH, ANNETTE FEUSSNER,                                              
                             CHRISTIAN KANNEMEIER and HANS-ARNOLD STOHR                                                
                                                     __________                                                        
                                               Appeal No. 2006-0565                                                    
                                             Application No. 10/033,777                                                
                                                     __________                                                        
                                              HEARD: APRIL 27, 2006                                                    
                                                     __________                                                        
                 Before SCHEINER, GRIMES, and GREEN, Administrative Patent Judges.                                     
                 GREEN, 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, 3 and 5-21.1  Claims 1 and 3 are representative of the                   
                 subject matter on appeal, and read as follows:                                                        



                                                                                                                       
                 1 Appellants assert that the appeal involves claims 1-21, acknowledging that claims 22-24 were        
                 withdrawn from consideration as being drawn to a non-elected invention.  See Reply Brief, page        
                 2.  As noted by the examiner, however, appellants elected the species drawn to tranexamic acid        
                 and a nonionic detergent.  See Examiner’s Answer, page 3.  As claims 2 and 4 are drawn                
                 exclusively to the use of an ionic detergent, those claims also stand withdrawn from                  
                 consideration.  Thus, this opinion applies to the claims as they read on the use of tranexamic acid   
                 and a nonionic detergent.                                                                             





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