Ex Parte Lepine - 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         written for publication and is not binding precedent of the Board          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 ALLAN LEPINE                               
                                    __________                                      
                                Appeal No. 2005-1949                                
                             Application No. 09/829,168                             
                                    ___________                                     
                                      ON BRIEF                                      
                                    ___________                                     
         Before GARRIS, FRANKLIN, and MOORE, Administrative Patent Judges.          
         MOORE, Administrative Patent Judge.                                        
                                 DECISION ON APPEAL                                 
              This is an appeal under 35 U.S.C. § 134(a) from the final             
         rejection of claims 1 and 3-12.  Claims 2 and 13-36 have been              
         canceled.  Thus, only claims 1 and 3-12 are before us on appeal.           
                                                                                   
                                REPRESENTATIVE CLAIM                                
              Claim 1 is representative of the claimed subject matter and           
         reads as follows:                                                          
              1.  A method of providing nutrition to a critical care                
         canine comprising:                                                         








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