Ex parte SPENCER - 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          not binding precedent of the Board.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. 42              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                              Ex parte KEVIN C. SPENCER                               
                                    _____________                                     
                                Appeal No. 1997-0117                                  
                               Application 08/291,741                                 
                                   ______________                                     
                              HEARD: February 22, 2000                                
                                   _______________                                    

          Before KIMLIN, WARREN and LIEBERMAN, Administrative Patent                  
          Judges.                                                                     
          KIMLIN, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 39-               
          64 and 67, all the claims remaining in the present                          
          application.  Claim 67 is illustrative:                                     
               67.  A process for preserving the color of red meat,                   
               which comprising [sic] contacting said meat with an                    
               effective amount of an atmosphere of either pure                       
               argon or a mixture consisting of > 70 volume % of                      
               argon and a carrier gas selected from the group                        
               consisting of carbon dioxide, nitrogen, oxygen and                     
               mixtures thereof.                                                      





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