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for publication and is not binding precedent of the Board.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. 17
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte DAVID G. SASUGA
____________
Appeal No. 2004-0915
Application No. 09/919,469
____________
ON BRIEF
____________
Before STAAB, NASE and BAHR, Administrative Patent Judges.
BAHR, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner's final rejection of claims 1-15,
which are all of the claims pending in this application.
We AFFIRM-IN-PART.
BACKGROUND
The appellant's invention relates to a method of packaging edible seedlings for
distribution and use by consumers in which plants are grown on a growing medium to a
seedling stage in which the stems of the plants remain soft and edible (specification,
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