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today was not written for publication and is not binding
precedent of the Board.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. 33
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
Ex parte MARK JURY
______________
Appeal No. 1999-2509
Application 08/752,917
_______________
HEARD: February 7, 2002
_______________
Before WARREN, KRATZ and POTEATE, Administrative Patent Judges.
WARREN, Administrative Patent Judge.
Decision on Appeal
This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally
rejecting claims 14 through 25, 38, 39, 41 and 42. Appellant has withdrawn the appeal with
respect to claims 26 through 37, 40, 43 and 44, all of the remaining claims of record, and thus the
appeal as to these claims is dismissed. Claim 14 is illustrative of the claims on appeal:
14. The product of a process comprising feeding a particulate chocolate and feeding a
particulate confectionery composition comprising a syrup into an extruder to obtain a mixture in
the extruder and applying pressure to the mixture to pass the mixture through the extruder and to
and through an extruder die to obtain an extrudate from the die, wherein the mixture passed
through the extruder and the extrudate from the die are at a temperature so that the mixture and
extrudate are in a non-pourable state, so that the chocolate and the confectionery composition of
the mixture plastically deform so that the confectionery composition forms veins interspersed
within the chocolate and then obtaining extrudate from the die for obtaining the product.
- 1 -
Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007