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written for publication and is not binding precedent of the Board.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 LLOYD E. METZGER
______________
Appeal No. 2005-1454
Application 10/315,763
______________
ON BRIEF
_______________
Before OWENS, DELMENDO, and PAWLIKOWSKI, Administrative Patent
Judges.
PAWLIKOWSKI, 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 1-18, 21-39, and 47. A copy
of each of these claims is set forth in the attached appendix.
The examiner relies on the following references as evidence
of unpatentability:
Gould 4,806,475 Feb. 21, 1989
Devic 5,480,788 Jan. 02, 1996
Metzger 6,497,909 Dec. 24, 2002
Hoseney, “Cereal”, Principles of Science and
Technology, 2nd Edition, published by the American
Association of Cereal Chemists, Inc. 1986, 1984.
Claims 1, 3-6, 10, 11, 13-17, 21-24, 30-32 and 34-39 stand
rejected under 35 U.S.C. § 102(b) as being anticipated by Devic.
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