Ex Parte Farr 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               written for publication and is not binding precedent of the Board.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 ROBERT STANLEY FARR and MARK NICMANIS                     
                                                                                     
                                    ____________                                      
                                Appeal No. 2006-0912                                  
                             Application No. 10/081,5751                              
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    
          Before GARRIS, PAK, and JEFFREY T. SMITH, Administrative Patent             
          Judges.                                                                     
          PAK, Administrative Patent Judge.                                           
                                 DECISION ON APPEAL                                   
               This is a decision on an appeal from the examiner’s final              
          rejection of claims 1 through 14.  Claims 15 through 21, the only           
          other claims pending in the present application, stand withdrawn            
          from consideration by the examiner as being directed to a non-              
          elected invention.  We have jurisdiction pursuant to 35 U.S.C.              
                                                                                     
               1Application for patent filed Feb. 22, 2002, entitled, Effervescent beverage
          product and method for drinking the same.                                   

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