Ex parte REICHENECKER - Page 2




          Appeal No. 96-0114                                                           
          Application No. 08/128,279                                                   


               This is a decision on an appeal from the examiner’s final               
          rejection of claims 12 and 15 through 17.  Claims 1 through 11               
          stand withdrawn from consideration by the examiner as being                  
          directed to a nonelected invention under 37 CFR § 1.142(b).                  
               Claim 12 is representative of the subject matter on                     
          appeal and reads as follows:                                                 
               12.  Starch cushioning particles formed by:  feeding                    
          starch granules into a drum; adding a nucleating agent having                
          a particle size of approximately 40µ in a quantity of from 0.1               
          to 0.2% of the weight of the starch granules; drum-coating the               
          starch granules with the nucleating agent in the drum such                   
          that the nucleating agent is finely distributed onto the                     
          surfaces of the starch granules; feeding the drum-coated                     
          starch granules to an extruder and converting the drum-coated                
          starch granules into a viscous-liquid state; applying heat to                
          the extruder to generate in the viscous-liquid starch bubble                 
          nuclei from the decomposition of the nucleating agent; gassing               
          the viscous-liquid starch with a propellant gas such that the                
          starch and nucleating agent mixture is supersaturated with the               
          propellant gas to generate a composition of molten starch foam               
          by expanding the bubble nuclei; cutting the starch foam upon                 
          leaving the extruder; and providing for expansion of the                     
          starch foam to form the starch particles.                                    
               The examiner has relied upon the following reference in                 
          support of his rejection:                                                    
          Osipow et al. (Osipow)        4,328,319                 May 4,               
          1982                                                                         
               Claims 12 and 15 through 17 stand rejected under 35                     
          U.S.C.                                                                       
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