Ex Parte Littich et alDownload PDFPatent Trials and Appeals BoardMay 30, 201914681324 - (D) (P.T.A.B. May. 30, 2019) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 14/681,324 04/08/2015 144757 7590 06/03/2019 Elevance Renewable Sciences, Inc. 2501 Davey Road Woodridge, IL 60517 FIRST NAMED INVENTOR Ryan A. Littich UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. ERS-096-1-US-2 7972 EXAMINER SOLOLA, TAOFIQ A ART UNIT PAPER NUMBER 1625 NOTIFICATION DATE DELIVERY MODE 06/03/2019 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): elevance _ docketing@cardinal-ip. com robert.dailey@elevance.com patents@elevance.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte RYAN A. LITTICH and TIMOTHY MONTAVON 1 Appeal2017-004796 Application 14/681,324 Technology Center 1600 Before TONI R. SCHEINER, DEMETRA J. MILLS, and JOHN G. NEW, Administrative Patent Judges. Opinion for the Board filed by Administrative Patent Judge SCHEINER. Opinion for the Board Concurring by Administrative Patent Judge NEW. SCHEINER, Administrative Patent Judge DECISION ON APPEAL This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 20 and 27-37, directed compounds useful as surfactants. The claims have been rejected as obvious. We have jurisdiction under 35 U.S.C. § 6(b). We reverse. 2 1 Appellants identify Elevance Renewable Sciences, Inc. as the Real Party in Interest. Br. 3. 2 In this decision we refer to the Appeal Brief filed September 7, 2016 ("Appeal Br."); the Examiner's Answer mailed December 1, 2016 ("Ans."); and the Reply Brief filed January 27, 2017 ("Reply Br."). Appeal2017-004796 Application 14/681,324 BACKGROUND The Specification discloses "surfactants based on glycitan esters of fatty acids, most notably sorbitan esters of fatty acids ... [with] notable dermatological properties and good compatibility with standard products, as well as [a] favorable environmental profile." Spec. ,i 2. STATEMENT OF THE CASE Claims 20 and 27-37 are on appeal. Claims 1-19 and 21-26 have been cancelled. Claim 20, the only independent claim remaining, and dependent claim 35, are representative and read as follows: 20. A composition comprising the following structure: wherein R1 is a hydrogen atom, ethyl, propyl, pentyl, aryl or (CH2)1-9-COORs; wherein Rs is OR' ·. ORP 0 :-.: ~ ~ ~I O~{CH2J~"Hc>~~CH"R~ QR2 wherein R1 is a hydrogen atom, ethyl, propyl, pentyl, aryl or (CH2)1-9-COORs; wherein Rs is ()RCopy with citationCopy as parenthetical citation