Ex Parte SPENCER - 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            written for publication and is not binding precedent of the Board.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. 41              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                              Ex parte KEVIN C. SPENCER                               
                                    _____________                                     
                                Appeal No. 1997-0296                                  
                               Application 08/378,086                                 
                                   ______________                                     
                                HEARD: June 14, 2001                                  
                                   _______________                                    

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

                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 83-121,           
          all the claims remaining in the present application.  Claim 83 is           
          illustrative:                                                               
               83.  A method of improving the aroma or flavor or both                 
               of chocolate, a precursor thereof or a                                 
               chocolate-containing product, which comprises:                         














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