Ex Parte HOLCOMB - 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                                publication and is not binding precedent of the Board.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. 20                        
                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                    _____________                                                         
                                   BEFORE THE BOARD OF PATENT APPEALS                                                     
                                                AND INTERFERENCES                                                         
                                                    _____________                                                         
                                           Ex parte ROBERT R. HOLCOMB                                                     
                                                    _____________                                                         
                                                Appeal No. 2001-0955                                                      
                                              Application No. 08/815,971                                                  
                                                   ______________                                                         
                                                       ON BRIEF                                                           
                                                  _______________                                                         
              Before GARRIS, LIEBERMAN and JEFFREY T. SMITH,  Administrative Patent Judges.                               
              GARRIS, Administrative Patent Judge.                                                                        

                                                DECISION ON APPEAL                                                        
                     This is a decision on an appeal from the final rejection of claims 28-39 and 41-54                   
              and from the refusal of the examiner to allow claim 40 as amended subsequent to the                         
              final rejection.1  These are all of the claims remaining in the application.                                




                     The subject matter on appeal relates to a composition for treating food to alter a                   

                     1 The claim 40 amendment filed January 4, 2000 has not been clerically entered notwithstanding       
              the entry authorization given by the examiner in the advisory action mailed February 2, 2000.  Upon return  
              of the application file to the jurisdiction of the Examining Corps, this clerical oversight should be rectified.
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