Ex Parte Kretchman et al - 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                     publication and is not binding precedent of the Board.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. 28         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                       Ex parte LEN C. KRETCHMAN and DAVID GESKE                      
                                     ____________                                     
                                 Appeal No. 2003-1775                                 
                                Application No. 845,925                               
                                     ____________                                     
                               HEARD: December 10, 2003                               
                                     ____________                                     
          Before KRATZ, JEFFREY T. SMITH and PAWLIKOWSKI, Administrative              
          Patent Judges.                                                              
          KRATZ, Administrative Patent Judge.                                         

                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner’s refusal to            
          allow claims 39-41, which are all of the claims pending in this             
          application.                                                                
                                     BACKGROUND                                       
               Appellants’ invention relates to a crustless sandwich                  
          comprising first and second cut bread portions having perimeters            
          that are sealed by compression at outer margins thereof.  Closely           
          spaced depressions of compacted bread are formed in a sealed                
          marginal area to resist separation of the bread portions at the             
          outer perimeters.  A central filling is disposed between the                






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