Ex Parte Adair 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           written for publication and is not binding precedent of the Board.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 JAMES ROBERT ADAIR, JR., WILLIAM B. BOWER,                             
                                     EDWARD JOSEPH CIGALLIO                                         
                                and RICHARD VINCENT DOUGHERTY                                       
                                            __________                                              
                                      Appeal No. 2006-1862                                          
                                  Application No. 09/954,443                                        
                                           ___________                                              
                                     HEARD:  JULY 13, 2006                                          
                                           ___________                                              
           Before FRANKFORT, OWENS and CRAWFORD, Administrative Patent                              
           Judges.                                                                                  
           OWENS, Administrative Patent Judge.                                                      

                                         DECISION ON APPEAL                                         
                 This appeal is from a rejection of claims 9, 12-18 and 21-                         
           26.  Claims 1-8, 10, 11, 19 and 20 have been canceled.                                   
                                          THE INVENTION                                             
                 The appellants claim a system and method for making one to                         
           five ounce portion control sized packages of flowable liquid-                            
           containing condiments wherein longitudinal heat tubes are used in                        







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