Ex Parte HEMBLING 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                      for publication and is not binding precedent of the Board.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. 24            
                           UNITED STATES PATENT AND TRADEMARK OFFICE                                  
                                             ____________                                             
                               BEFORE THE BOARD OF PATENT APPEALS                                     
                                         AND INTERFERENCES                                            
                                             ____________                                             
                      Ex parte MARK V. HEMBLING, ROBERT R. CASSANELLI,                                
                                       and STEVEN J. LEUSNER                                          
                                             ____________                                             
                                        Appeal No. 2000-1087                                          
                                    Application No. 08/976,102                                        
                                             ____________                                             
                                               ON BRIEF                                               
                                             ____________                                             
            Before PAK, OWENS, and JEFFREY SMITH, Administrative Patent Judges.                       
            PAK, Administrative Patent Judge.                                                         


                                         DECISION ON APPEAL                                           
                  This is a decision on an appeal under 35 U.S.C. § 134 from the                      
            examiner’s final rejection of claims 2 through 7, 11 through 14,                          
            and 21 through 23, which are all of the claims pending in the                             
            above-identified application.                                                             
                  Claim 21 is representative of the subject matter on appeal                          
            and reads as follows:                                                                     
            21.  A readily-dispersible, dry mix for producing a quick-setting,                        
            aqueous gel having a pH of between 3.5 and 5.5 comprising;                                
            sweetener, potassium and/or sodium alginate, acid, buffering agent                        
            and a crystalline sugar product comprised aggregates of sucrose                           




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