Ex Parte Metzger - Page 2


         Appeal No.  2006-0379                                                      
         Application No. 10/315,780                                                 

         42.  The improved whole wheat flour of claim 41 prepared from              
         white wheat.                                                               
         43.  The improved whole wheat flour of claim 41 having a pH of             
         about 6.3 to 6.7.                                                          
         44.  The improved whole wheat flour of claim 43 prepared from              
         hard white wheat.                                                          
         45.  A finished baked good prepared from the flour of claim 40.            
         49.  The improved whole wheat flour of claim 40, wherein each of           
         the peroxide bleached whole grains of wheat includes a bran                
         layer having been treated with peroxide to decrease an exterior            
         color of the bran layer and an inner endosperm having, at most,            
         minimal exposure to any peroxide.                                          
         50.  A lightened grain kernel comprising:                                  
              a bran layer having been treated with peroxide to decrease            
         an exterior color of the bran layer; and                                   
              an inner endosperm having, at most, minimal exposure to any           
         peroxide.                                                                  
         51.  The lightened grain kernel according to claim 50, wherein             
         the grain kernel is selected from the group consisting of wheat,           
         rice, barley and soybeans.                                                 
         52.  The lightened grain kernel according to claim 51, wherein             
         the grain kernel is constituted by white wheat.                            
         53.  The lightened grain kernel according to claim 52, wherein             
         the white wheat is hard white wheat.                                       

              The examiner relies on the following reference as evidence            
         of unpatentability:                                                        
              Devic 5,480,788   Jan. 02, 1996                                       


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