Ex Parte Aguilar 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                          for publication and is not binding precedent of the Board.                           

                        UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                               ____________                                                    
                              BEFORE THE BOARD OF PATENT APPEALS                                               
                                          AND INTERFERENCES                                                    
                                               ____________                                                    
                                      Ex parte CORINNE AGUILAR,                                                
                                    LAURENCE BECK NEE TRESCOL                                                  
                                          and CHRISTIAN RIFFET                                                 
                                               ____________                                                    
                                              Appeal 2006-2315                                                 
                                           Application 10/437,163                                              
                                          Technology Center 1700                                               
                                               ____________                                                    
                                         Decided: February 26, 2007                                            
                                               ____________                                                    
                Before EDWARD C. KIMLIN, BRADLEY R. GARRIS, and LINDA M.                                       
                GAUDETTE, Administrative Patent Judges.                                                        
                GAUDETTE, Administrative Patent Judge.                                                         

                                          DECISION ON APPEAL                                                   
                      This is an appeal from the Examiner’s Final Rejection of claims 1-17,                    
                the only claims pending in this application.                                                   
                      Appellants’ invention relates to an edible emulsion comprising live                      
                micro-organisms.  The emulsion may be used in spreads, dressings,                              
                mayonnaises and the like.  Claim 1, the sole independent claim, is                             
                illustrative of the invention:                                                                 




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