Ex parte KINCS 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                   publication and is not binding precedent of the Board.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. 21              


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                              Ex parte FRANK R. KINCS,                                
                                 REYNALDO G. CRUZ,                                    
                                        and                                           
                                  ROBERT K. JOHNSON                                   
                                    _____________                                     
                                Appeal No. 1999-0140                                  
                             Application No. 08/622,953                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    
          Before KIMLIN, GARRIS, and OWENS, Administrative Patent                     
          Judges.                                                                     
          GARRIS, Administrative Patent Judge.                                        
                                 DECISION ON APPEAL                                   
               This is a decision on an appeal from the refusal of the                
          examiner to allow claims 1, 3, 5, 6, 8-14, 16, 19-34, 36 and                
          40-42 as amended subsequent to the final rejection.  These are              
          all of the claims pending in the application.                               
               The subject matter on appeal relates to a high elaidic                 
          hard butter having been elaidinized from cis-configured oleic               






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