Ex Parte ROSELLE 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                 for publication and is not binding precedent of the Board.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. 17              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    ____________                                      
                      Ex parte BRIAN J. ROSELLE, THOMAS E. WARD                       
                                and DAVID K. ROLLINS                                  
                                    ____________                                      
                                Appeal No. 2003-0234                                  
                             Application No. 09/446,202                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      
          Before OWENS, PAWLIKOWSKI, and POTEATE, Administrative Patent               
          Judges.                                                                     
          OWENS, Administrative Patent Judge.                                         

                                 DECISION ON APPEAL                                   
               This appeal is from the final rejection of claims 1-21,                
          which are all of the claims in the application.                             
                                    THE INVENTION                                     
               The appellants claim a composition which is useful for                 
          treating food to reduce the level of microorganisms on the                  
          surface thereof, and claim a method for treating food using the             
          composition.  Claim 1, directed toward the method, is                       
          illustrative:                                                               








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