Ex Parte HODGSON 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               today was not written for publication and is not                       
               binding precedent of the Board.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. 34           


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     
                  Ex parte ALLAN S. HODGSON and JESSICA M. ARONOLD                    
                                                                                     
                                Appeal No. 2003-1856                                  
                             Application No. 08/879,322                               
                                                                                     
                              HEARD: FEBRUARY 17, 2004                                
                                                                                     

          Before KRASS, BARRETT and DIXON, Administrative Patent Judges.              
          KRASS, Administrative Patent Judge.                                         


                                 DECISION ON APPEAL                                   
               This is a decision on appeal from the final rejection of               
          claims 1-10 and 12-20.                                                      
               The invention is directed to the measurement of fruit                  
          particles in food products.  In particular, rather than the                 
          conventional approach of washing fruit particles in a matrix on a           
          screen to remove a starch and/or sugar matrix so that the fruit             
          retained on the screen could be weighed and analyzed, the instant           

                                         -1–                                          





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