Ex Parte Hekal 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                             today was not written for publication and is not binding                            
                             precedent of the Board.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 IHAB M. HEKAL,                                               
                                       CHAO CHEN and XIAOLING DONG                                               
                                                ______________                                                   
                                              Appeal No. 2006-2153                                               
                                              Application 10/447,199                                             
                                               _______________                                                   
                                                   ON BRIEF                                                      
                                               _______________                                                   
             Before PAK, WARREN and KRATZ, Administrative Patent Judges.                                         
             WARREN, Administrative Patent Judge.                                                                
                                               Decision on Appeal                                                
                   This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally             
             rejecting claims 12, 13, 16 and 17, and refusing to allow claims 1 through 11.  Claims 14 and 15    
             are also pending and stand objected to by the examiner as dependent claims allowable in             
             substance (see final action mailed August 2, 2004, page 5).                                         
                   Claim 1 illustrates appellants’ invention of a method for preserving fresh produce, and is    
             representative of the claims on appeal:1                                                            
                   1.  A method for preserving fresh produce comprising the following steps:                     
                   a.  providing a produce preservation solution comprising:                                     
                   magnesium ion;                                                                                
                                                                                                                
             1  We have copied claim 1 as it stands of record in the amendment filed August 30, 2004, entered    
             by the examiner in the advisory action mailed September 17, 2004 (see answer, page 3).              

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