Appeal No. 2006-3250 Page 11
Application No. 10/468,562
suspension of an alkaline earth-containing compound, such as Ca(OH)2 or
Mg(OH)2, at a concentration of 5-50 wt. %.” Binder, however, also fails to make
up for the deficiencies in the combination of Hikichi and Baigori. On the contrary,
Binder complements Hikichi by disclosing a method of producing D-pantothenic
acid by fermenting the bacteria in the presence of β-alanine. Binder, column 8,
lines 32-34.
For the foregoing reasons we are compelled to reverse the rejection of
claims 1 and 5-19 under 35 U.S.C. § 103 as being unpatentable over the
combination of Hikichi, Baigori, Binder and Hoffman-La Roche.
REVERSED
Donald E. Adams )
Administrative Patent Judge )
)
) BOARD OF PATENT
)
Demetra J. Mills ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
)
)
Nancy J. Linck )
Administrative Patent Judge )
DA/dym
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