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not written for publication and is not binding precedent of the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 MARY M. FOX
___________
Appeal No. 2002-2146
Application No. 09/428,261
__________
ON BRIEF
_________
Before KIMLIN, GARRIS, and WALTZ, Administrative Patent Judges.
WALTZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the primary examiner’s
final rejection of claims 1, 23, 47 and 64 through 91, which are
the only claims remaining in this application. We have
jurisdiction pursuant to 35 U.S.C. § 134.
According to appellant, the invention is directed to a
calcium supplement that comprises a primary calcium source of
calcium carbonate, a sufficient amount of a secondary calcium
source to provide from 0% to 30% of the supplement’s total
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