Ex parte GILGEN - Page 3




                   Appeal No. 1996-0876                                                                                                                             
                   Application 08/123,144                                                                                                                           
                            providing a predetermined amount of pecans;                                                                                             
                            mixing a predetermined amount of an anti-oxidant substance substance [sic] and a                                                        
                   predetermined amount of edible oil to form a treatment solution;                                                                                 
                            placing said pecans and said treatment solution into a pressure vessel;                                                                 
                            reducing the pressure in said pressure vessel to a predetermined pressure value                                                         
                   that is less than one atmosphere;                                                                                                                
                            mixing said pecans and said treatment solution at said reduced pressure value;                                                          
                            increasing the pressure inside the pressure vessel to a pressure value of                                                               
                   approximately one atmosphere;                                                                                                                    
                            removing said treated pecans from said pressure vessel.                                                                                 
                            19.  An edible nut product according to claim 11 wherein the step of providing a                                                        
                   predetermined quantity of edible nuts includes providing a predetermined quantity of                                                             
                   pecans.                                                                                                                                          
                            The references relied upon by the examiner are:4                                                                                        
                   Mamahit                                         4,206,246                              June  3, 1980                                             
                   Hoover                                          4,647,463                              Mar.   3, 1987                                            
                   Kotani et al. (Kotani)                          5,208,058                              May   4, 1993                                             
                   Zook et al. (Zook)                              5,240,726                              Aug. 31, 1993                                             
                            The claims stand rejected as follows:5                                                                                                  

                            4We point out that in the Answer, the examiner does not list any prior art as being                                                     
                   relied upon for the rejection of the claims.  Answer, p. 2.  We find this to be clear error on                                                   
                   the part of the examiner.  However, in order to advance prosecution of the case, we have                                                         
                   nevertheless considered the references cited in the grounds of the rejection since (i) they                                                      
                   are of record in the Office action (Paper No. 8) of January 4, 1995, and (ii) we are                                                             
                   remanding the application to the examiner for other reasons.   See Section II of this                                                            
                   Decision, infra.                                                                                                                                 
                            5The examiner’s statements of the rejections are set forth on p. 3 of the Answer.                                                       
                   However, the grounds for the rejections are set forth in Paper No. 8.                                                                            
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