Appeal No. 2003-0410
Application 09/775,785
1. A process for making chewing gum comprising the steps
of:
using a single continuous mixing apparatus to perform all of
the addition and compounding steps necessary to produce gum base;
adding to the single continuous mixing apparatus all of a
group of components necessary to make a chewing gum base
including an elastomer and a plasticizer, wherein the elastomer
is added to the single continuous mixing apparatus separate and
apart from the plasticizer;
providing at least two mixing zones in the mixing apparatus;
producing gum base from the mixing apparatus; and
mixing the gum base with other ingredients to produce
chewing gum.
The references relied upon by the examiner are:
Naumann 0,273,809 Jul. 06, 1988
(European Patent Application)
Boudy 2,635,441 Feb. 23, 1990
(French Patent Application)
GROUNDS OF REJECTION1
1. Claims 1-5, 9-16, 19 and 20 stand rejected under
35 U.S.C. § 102(b) as anticipated by Naumann.
1 The rejections of claims 1-20 under the judicially created
doctrine of obviousness type double patenting (see final
rejection, paper no. 3, mailed Oct. 22, 2001) have been overcome
by appellants’ filing of a terminal disclaimer (paper no. 5,
received Jan 22, 2002). Advisory action, paper no. 6, mailed
Jan. 29, 2002.
2
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