Appeal No. 2003-1266
Application No. 09/735,054
would have been obvious to one of ordinary skill in the art to
use Yatka’s dry charging step in the Reed ‘453 method.
The appellants argue (brief, page 14): “Reed teaches the use
of glycerin and liquid sorbitol. As a result, Reed teaches away
from the claimed invention which requires exclusion of glycerin
and liquid sorbitol.” This argument is not well taken because
Reed ‘453 indicates that glycerin and aqueous sorbitol are
optional (col. 3, lines 26-27).
The appellants argue (brief, page 15): “Reed specifically
states that at least 0.5 to 15 percent by weight of the chewing
gum center will comprise softeners. The softeners are chosen
from the group consisting of glycerin and other optional aqueous
softeners. Indeed, according to Reed ‘softeners contemplated by
the present invention include glycerin...” (Reed, col. 3,
lines 9-12).” Actually, Reed ‘453 teaches that softeners
“generally constitute between about 0.5 to about 15 weight
percent of the chewing gum center” (col. 3, lines 8-9).
Regardless, the indication in Reed ‘453 that the glycerin is
optional (col. 3, lines 26-27) would have fairly suggested, to
one of ordinary skill in the art, use of disclosed softeners
other than glycerin.
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