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                                  today was not written for publication and is not binding                                           
                                  precedent of the Board.                                                                            


                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                        _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                           
                                                     AND INTERFERENCES                                                               
                                                        _______________                                                              
                                                  Ex parte YONG-CHENG SHI                                                            
                                                        and YAYUN LIU                                                                
                                                         ______________                                                              
                                                      Appeal No. 2004-2047                                                           
                                                      Application 09/817,419                                                         
                                                        _______________                                                              
                                                   HEARD: December 8, 2004                                                           
                                                        _______________                                                              
               Before GARRIS, WARREN and WALTZ, Administrative Patent Judges.                                                        
               WARREN, Administrative Patent Judge.                                                                                  
                                                        Decision on Appeal                                                           
                       This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally                             
               rejecting claims 1 and 3 through 41.                                                                                  
                       Claims 1 and 22 illustrate appellants’ invention of a method for preparing a heat-treated-                    
               grain having an increase of total dietary fiber content of at least 10%, and are representative of                    
               the claims on appeal:                                                                                                 
               1.  A method for preparing a grain containing starch with increased total dietary fiber content                       
               comprising heating a base grain having a total moisture content of from about 20% to about 45%                        
               by weight based on dry weight of the grain, at a temperature of from about 90°C to about 130°C                        
               for a period of about 0.5 to 24 hours, under a combination of moisture and temperature                                
               conditions such that the starch does not have its granular structure and birefringence completely                     
               destroyed and to provide a heat-treated-grain having an increase in total dietary fiber content                       
               (“TDF”) of at least 10%.                                                                                              


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