Ex Parte Ndife 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                                  for publication and is not binding precedent of the Board.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 LOUIS I. NDIFE, BOOKER T. LUCAS III,                                  
                                          and STEPHENE L. HOHMAN                                               
                                                 ____________                                                  
                                             Appeal No. 2005-1290                                              
                                           Application No. 10/603,464                                          
                                                 ____________                                                  
                                                   ON BRIEF                                                    
                                                 ____________                                                  
             Before GARRIS, PAK, and WALTZ, Administrative Patent Judges.                                      
             PAK, Administrative Patent Judge.                                                                 



                                             DECISION ON APPEAL                                                
                   This is a decision on an appeal under 35 U.S.C. § 134 from the examiner’s final             
             rejection of claims 1 through 11 and 14, which are all the claims pending in the above-           
             identified application.                                                                           
                                         APPEALED SUBJECT MATTER                                               
                   The subject matter on appeal is directed to a single serving infant formula tablet          
             which can be dissolved rapidly in water.  See the specification, page 1, lines 4-6.               
             According to the appellants (specification, page 3, lines 3-5), this dissolution characteristic   





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