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for publication and is not binding precedent of the Board.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. 18
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte ROGER E. STIER and JOHN ZANONE
____________
Appeal No. 2004-0736
Application No. 09/871,334
____________
HEARD: May 20, 2004
____________
Before GARRIS, WALTZ, and KRATZ, Administrative Patent Judges.
WALTZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the primary examiner’s
refusal to allow claims 1 through 8, the only claims pending in
this application, as amended subsequent to the final rejection (see
the amendment dated June 10, 2002, Paper No. 6, entered as per
the Advisory Action dated June 19, 2002, Paper No. 7). We have
jurisdiction pursuant to 35 U.S.C. § 134.
According to appellants, the invention is directed to an
edible tablet comprising freeze-dried flavoring agents from natural
fruits, herbs, vegetables, spices, extracts and combinations
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