Ex Parte TOMASULA - 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                         is not binding precedent of the Board.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. 29              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                             Ex parte PEGGY M. TOMASULA                               
                                   _____________                                      
                                Appeal No. 2004-1154                                  
                             Application No. 09/247,219                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before KIMLIN, WALTZ and JEFFREY T. SMITH, Administrative Patent            
          Judges.                                                                     
          KIMLIN, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 2, 4-6,           
          9, 11-13 and 15-19.                                                         
               Claim 15 is illustrative:                                              
               15. A process for providing a concentrate of vegetable                 
                    protein comprising:                                               
               a)   applying carbon dioxide at a pressure of from                     
                    about 400 to 800 pounds per square inch (psi) to                  
                    an initial solution/dispersion of a vegetable                     
                    protein source having a protein concentration of                  









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