Ex parte OCHELTREE et al. - Page 1






                                     THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                       
                                           The opinion in support of the decision being entered today                                                   
                 (1) was not written for publication in a law journal and                                                                               
                 (2) is not binding precedent of the Board.                                                                                             
                                                                                                           Paper No. 20                                 

                                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                                       
                                                                _______________                                                                         

                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                             AND INTERFERENCES                                                                          
                                                                _______________                                                                         

                                                     Ex parte CHARLES R. OCHELTREE                                                                      
                                                             and BRET A. TRIMMER                                                                        
                                                                 ______________                                                                         

                                                              Appeal No. 1996-3802                                                                      
                                                              Application 08/296,790                                                                    
                                                                _______________                                                                         

                                                                     ON BRIEF                                                                           
                                                                _______________                                                                         

                 Before KIMLIN, WARREN and OWENS, Administrative Patent Judges.                                                                         

                 WARREN, Administrative Patent Judge.                                                                                                   
                                                                Decision on Appeal                                                                      
                          This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally rejecting                                   
                 claims 3 through 5 and 7 through 10, and refusing to allow claim 2 as amended subsequent to the final                                  
                 rejection, which are all of the claims in the application.  Claim 9 is illustrative of the claims on appeal:                           
                 9.  An improved white food casing comprising regenerated cellulose containing titanium dioxide pigment                                 
                 in a weight ratio of less then 0.5 to regenerated cellulose in the casing and less than 15 grams per square                            
                 meter of casing and containing a water insoluble violet pigment in an amount of less than 0.1 percent of                               
                 the titanium dioxide in the casing and from about 0.3 to about 1.2 milligrams per square meter of casing,                              
                 the quantity of combined titanium dioxide and water insoluble violet pigment being sufficient to impart an                             
                 optical density of at least about 0.6, said titanium dioxide pigment and violet pigment being uniformly                                
                 dispersed in the regenerated cellulose without agglomeration.                                                                          

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