Ex Parte HAYES-JACOBSON - 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                     publication and is not binding precedent of the Board.           


                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                           Ex parte SUSAN M. HAYES-JACOBSON                           
                                     ____________                                     
                                 Appeal No. 2004-1508                                 
                              Application No. 09/443,559                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before OWENS, KRATZ, and PAWLIKOWSKI, Administrative Patent Judges.         
          KRATZ, Administrative Patent Judge.                                         


                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                 
          rejection of claims 1-11 and 33-37, which are all of the claims             
          pending in this application.                                                


                                     BACKGROUND                                       
               Appellant's invention relates to a filled food product                 
          that includes a flowable filling encased within a seamless and              
          continuous structure that is edible and surrounds the filling.              
          An understanding of the invention can be derived from a reading             
          of exemplary claim 1, which is reproduced below.                            







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