Ex Parte Beck 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                               for publication and is not binding precedent of the Board.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 CHRISTINE BECK, HANS-PETER HARZ, DANIELA KLEIN,                               
                              MARTIN LEEMANN, and MARKUS LOHSCHEIDT                                         
                                                __________                                                  
                                           Appeal No. 2006-3250                                             
                                         Application No. 10/468,562                                         
                                                __________                                                  
                                                 ON BRIEF                                                   
                                                __________                                                  
               Before ADAMS, MILLS, and LINCK, Administrative Patent Judges.                                
               ADAMS, Administrative Patent Judge.                                                          

                                          DECISION ON APPEAL                                                
                      This is a decision on the appeal under 35 U.S.C. § 134 from the                       
               Examiner’s final rejection of claims 1 and 5-19, which are all the claims pending            
               in the application.                                                                          
                      Claim 1 is illustrative of the subject matter on appeal and is reproduced             
               below:                                                                                       
                   1. A process for preparing D-pantothenic acid and/or salts thereof which                 
                      comprises                                                                             
                        a) fermenting at least one bacterium from the Bacillaceae family which              
                        produces D-pantothenic acid and in which the biosynthesis of                        
                        pantothenic acid (pan) and/or isoleucine/valine (ilv) is deregulated and            
                        which forms at least 2 g/l of salts of D-pantothenic acid by fermentation           
                        in a culture medium,                                                                






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