Ex parte SPENCER 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                        publication and is not binding precedent of the Board.        
                                                                 Paper No. 46         

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                  AND INTERFERENCES                                   
                                     ____________                                     
                 Ex parte KEVIN C. SPENCER and CHRISTINE BOISROBERT                   
                                     ____________                                     
                                 Appeal No. 1997-1059                                 
                              Application No. 08/305,733                              
                                     ____________                                     
                               HEARD: October 10, 2000                                
                                     ____________                                     

          Before KIMLIN, PAK, and DELMENDO, Administrative Patent Judges.             
          DELMENDO, Administrative Patent Judge.                                      


                                  DECISION ON APPEAL                                  
               This is a decision on an appeal under 35 U.S.C.  134 from the         
          examiner’s refusal to allow claims 28 through 53 as amended                 
          subsequent to the final rejection.  These are the only claims               
          remaining in the application.                                               
               Claim 53 is illustrative of the claims on appeal and is                
          reproduced below:                                                           
                    53.  A method of improving the aroma or flavor or                 
               both of coffee, which comprises:                                       







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