Ex Parte FITCHETT - 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                                  for publication and is not binding precedent of the Board.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 COLIN STANLEY FITCHETT                                                
                                                    __________                                                        
                                               Appeal No. 2004-1935                                                   
                                             Application No. 09/308,403                                               
                                                    __________                                                        
                                                     ON BRIEF                                                         
                                                    __________                                                        
             Before SCHEINER, MILLS, and GRIMES, Administrative Patent Judges.                                        
             GRIMES, Administrative Patent Judge.                                                                     

                                              DECISION ON APPEAL                                                      
                    This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s final                      
             rejection of claims 1-3, 7-26, and 28-59, all of the claims remaining.  Claims 1 and 17                  
             are representative and read as follows:                                                                  
                    1.     A water soluble hemicellulose-based composition comprising:                                
                           non-cellulosic, non-starch hemicellulose material;                                         
                           an oxidase; and                                                                            
                           wherein the hemocellulosic material comprises at least one                                 
                           polysaccharide and at least one polysaccharide is arabinoxylan ferulate.                   








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