The opinion in support of the decision being entered
today was not written for publication in a law journal
and is not binding precedent of the Board.
Paper No. 14
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
Ex parte FRIDOLIN BABLER and KENNETH SCHUMANN
Appeal No. 2003-1740
Application No. 09/801,301
ON BRIEF
Before KIMLIN, OWENS and JEFFREY T. SMITH, Administrative Patent
Judges.
KIMLIN, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal from the final rejection of claims 1-23.
Claim 1 is illustrative:
1. A colored seed having an exterior surface coated with a
composition wherein at least 95 percent of the pigment particles
in the composition have a particle size in the range from 0.1 µm
to 9µm with at least 50 percent of the pigment particles having a
particle size in the range from 0.5 µm to 3.5 µm, wherein the
composition is in either an instant pigment form or pigment
concentrate.
-1-
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