Ex parte SCHRODER - Page 2




                 Appeal No. 1996-3028                                                                                                                   
                 Application No. 08/270,429                                                                                                             


                 Paper No. 7).   Claims 1, 3-14, 20 and 23 are the only claims1                                                                                                              
                 remaining in this application.                                                                                                         
                          According to appellant, the invention is directed to a                                                                        
                 reverse osmosis process for making a non-milk dairy beverage                                                                           
                 from a starting material selected from milk, defatted milk,                                                                            
                 whey, defatted whey, permeate, retentate, defatted retentate,                                                                          
                 and condensed or evaporated water from dairy starting                                                                                  
                 materials (Brief, page 2).  Claim 1 is illustrative of the                                                                             
                 subject matter on appeal and is reproduced below:                                                                                      
                          1.   A method of making a non-milk dairy beverage                                                                             
                 comprising                 the steps of:                                                                                               
                          subjecting material selected from the group                                                                                   
                 consisting                 of                                                                                                          
                                   milk,                                                                                                                
                                   defatted milk,                                                                                                       
                                   whey,                                                                                                                
                                   defatted whey,                                                                                                       
                                   permeate, retentate and defatted retentate of the                                                                    
                          filtration of a dairy starting material and condensate of                                                                     
                          the evaporated water from a dairy starting material to                                                                        
                          reserve osmosis to separate a pure dairy water permeate                                                                       
                          therefrom;                                                                                                                    
                                   combining the dairy water with a non-milk additive                                                                   

                          1It is noted that the Advisory Action is incorrectly                                                                          
                 listed as Paper No. 6 and erroneously omits claim 23 from the                                                                          
                 claims rejected.                                                                                                                       
                                                                           2                                                                            





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