Ex Parte Milley - Page 1




            The opinion in support of the decision being entered today was not written
                   for publication and is not binding precedent of the Board.         

                                                                 Paper No. 19         

                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                            Ex parte CHRISTOPHER J. MILLEY                            
                                     ____________                                     
                                 Appeal No. 2002-1103                                 
                              Application No. 09/580,413                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before GARRIS, DELMENDO, and PAWLIKOWSKI, Administrative Patent             
          Judges.                                                                     
          GARRIS, Administrative Patent Judge.                                        


                                  DECISION ON APPEAL                                  
               This is a decision on an appeal from the refusal of the                
          Examiner to allow claims 1, 3, 5-11, 13-35, 67-71 and 73-94 which           
          are all of the claims remaining in the application.                         
               The subject matter on appeal relates to a peanut butter                
          containing all natural ingredients comprising a substantially               
          homogeneous mixture of peanut particles, peanut oil and a natural           
          stabilizer to stabilize oils in the peanut butter.  The natural             
          stabilizer constitutes about 3-10 weight percent of the peanut              
          butter and includes at least about 75 weight percent fatty acids.           





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