Ex Parte Long - Page 1




               The opinion in support of the decision being entered                   
               today was not written for publication in a law journal                 
               and is not binding precedent of the Board.                             
                                                               Paper No. 18           


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     
                                Ex parte GARY S. LONG                                 
                                                                                     
                                Appeal No. 2003-2129                                  
                             Application No. 09/557,044                               
                                                                                     
                                      ON BRIEF                                        
                                                                                     
          Before KIMLIN, WALTZ and POTEATE, Administrative Patent Judges.             
          KIMLIN, Administrative Patent Judge.                                        


                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 1-12.             
          Claims 1 and 9 are illustrative:                                            
          1.   A process for protecting an agricultural crop from freezing            
          which comprises applying an effective amount of a freeze                    
          protection compound to the agricultural crop, the agricultural              
          crop in a living and growing condition, the freeze protection               
          compound including a fermented biomass material as an active                
          ingredient for the purpose of protecting the agricultural crop              
          from freezing.                                                              
          9.   A composition for the freeze protection of an agricultural             
          crop, the composition including a fermented biomass as an active            

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