Ex parte SPENCER - Page 1




                   THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      
          The opinion in support of the decision being entered today                 
          (1) was not written for publication in a law journal and                   
          (2) is not binding precedent of the Board.                                 
                                                            Paper No. 42             

                     UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                   _____________                                     
                        BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                   
                                   _____________                                     
                             Ex parte KEVIN C. SPENCER                               
                                   _____________                                     
                                Appeal No. 1997-3886                                 
                               Application 08/232,460                                
                                   ______________                                    
                                 HEARD: MAY 3, 2000                                  
                                  _______________                                    

          Before KIMLIN, WARREN and WALTZ, Administrative Patent Judges.             
          WALTZ, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                  
               This is an appeal under 35 U.S.C. § 134 from the                      
          examiner’s final rejection of claims 74 through 85, which are              
          all of the claims remaining in this application.                           
               According to appellant, the invention is directed to the              
          preservation of vegetables using certain noble gas mixtures                


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