Ex Parte Metzger - 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                    today was not written for publication and is not                
                          binding precedent of the Board.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 LLOYD E. METZGER                              
                                   ____________                                     
                                Appeal No. 2006-0379                                
                             Application No. 10/315,780                             
                                   _____________                                    
                                      ON BRIEF                                      
                                   _____________                                    

         Before OWENS, DELMENDO, and FRANKLIN1, Administrative Patent               
         Judges.                                                                    
         FRANKLIN, Administrative Patent Judge.                                     

                                 DECISION ON APPEAL                                 
              This is a decision on appeal from the examiner’s final                
         rejection of claims 40-45 and 49-53.  A copy of each of these              
         claims is set forth below:                                                 
         40.  An improved whole wheat flour prepared from peroxide                  
         bleached whole grains of wheat having a white color and a                  
         dietary fiber content of about 10% to 12%.                                 
         41.  The improved whole wheat flour of claim 40 substantially              
         free of any bromate bleaching agent.                                       
                                                                                   
         1 The panel has not changed from the panel in related Appeal No.           
         2005-1454; rather a name change from Pawlikowski to Franklin has           
         occurred.                                                                  




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