Ex Parte Urschel 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         written for publication and is not binding precedent of the Board.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 PATRICK C. URSCHEL, MIKE JACKO, PAUL E. ARRASMITH             
                                  and BRENT BUCKS                                   
                                    __________                                      
                                Appeal No. 2006-1588                                
                             Application No. 10/707,526                             
                                    ___________                                     
                                      ON BRIEF                                      
                                    ___________                                     
         Before FRANKFORT, OWENS and CRAWFORD, Administrative Patent                
         Judges.                                                                    
         OWENS, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                 
              This appeal is from a rejection of claims 1, 6-9, 14, 18 and          
         19.  Claims 2-5, 10-13, 15-17 and 20, which are all of the other           
         pending claims, stand withdrawn from consideration by the                  
         examiner as claiming a nonelected invention.                               
                                   THE INVENTION                                    
              The appellants claim a method for cutting a food product              
         wherein the food product free falls through a cutting device.              
         Claims 1 and 14 are illustrative:                                          
              1.  A method of cutting food product, the method comprising           




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