Appeal No. 2003-1266
Application No. 09/735,054
Hopkins does not teach that the chewing gum product is
coated. However, 1) Reed ‘453 teaches that coating a chewing gum
center, which can contain hydrogenated starch hydrolysate and can
be free of glycerin and sorbitol solution, with hydrogenated
isomaltulose produces a sugarless hard coated chewing gum
comparable in appearance and mouth feel to chewing gums
containing hard sugar coatings (col. 3, lines 14, 26-27 and 38-
39; col. 7, lines 20-23), 2) Reed ‘508 teaches that coating a
sugarless pellet gum center, which preferably contains no
glycerin, with hydrogenated isomaltulose produces a pellet gum
which is shelf stable for relatively long periods of time
(col. 2, lines 18-20 and 26-28; col. 10, lines 24-26), and
3) Reed ‘406 teaches that “[s]ugarless gums coated with
hydrogenated isomaltulose-containing syrup possess excellent
appearance, taste, texture, mouth feel and other desirable
properties of hard coated chewing gums” (col. 2, lines 4-7).
These teachings would have fairly suggested, to one of ordinary
skill in the art, coating Hopkins’ sugarless gum with
hydrogenated isomaltulose to obtain the benefits of doing so
disclosed in the Reed patents.
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