The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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%. - 1 -Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007