Ex Parte D - Page 6

          Appeal No. 2006-1704                                                        
          Application No. 10/640,544                                                  

          in the recipe.  Since the examiner has failed to properly                   
          interpret the claimed invention, the examiner has failed to                 
          establish a prima facie case of anticipation.                               
          In summary, we have not sustained the examiner’s                            
          rejection of the claims on appeal.  Therefore, the decision of              
          the examiner rejecting claims 1-25 is reversed.                             
          REVERSED                                                                    





                         KENNETH W. HAIRSTON           )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JERRY SMITH                   )   APPEALS                    
                         Administrative Patent Judge   ) AND INTERFERENCES            
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         MAHSHID D. SAADAT             )                              
                         Administrative Patent Judge   )                              




          JS/kis                                                                      
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