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APPLICATION OF HAYASHIBARA

Patent Appeal No. 75-552.

525 F.2d 1062 (1975)

Application of Ken HAYASHIBARA and Kaname Sugimoto.

United States Court of Customs and Patent Appeals.

November 26, 1975.

Attorney(s) appearing for the Case

Roger L. Browdy, Browdy & Neimark, Washington, D. C., attorney of record, for appellants.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents; Fred W. Sherling, Washington, D. C., of counsel.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges.

RICH, Judge.

This appeal is from the decision of the Patent and Trademark Office Board of Appeals affirming the rejection of product claim 11 in application serial No. 789,934, filed January 8, 1969, for "Process For Preparing Foods and Drinks."1 We reverse.

The Invention

Appellants claim to have discovered that lactitol, described in their application as a polyhydric alcohol obtained as a reduction product of...

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