Ex Parte McCutchan - Page 2



          Appeal No. 2006-0930                                                        
          Application No. 09/905,540                                                  

          argument or evidence in rebuttal, we affirm.                                

                             The Appealed Subject Matter                              
               The subject matter on appeal relates to a kit for                      
      5   containing both a plurality of snack pieces and a dip-condiment.            
          According to the appellant (specification at 1, lines 10-14),               
          “the kit has an improved space efficiency and snack piece size.”            

                                      Evidence                                        
     10        The examiner relies on the following evidence in support of            
          a determination of unpatentability as to all the appealed                   
          claims.                                                                     
          Zimmerman et al.  US2002/0122852 A1 Sep. 5, 2002                            
               (Zimmerman)(published                                                  
     15        United States application)                                             
          Admitted prior art in the form of Snack-A-Dip® (Lightly Salted              
          Tortilla Chips & Salsa), ASB Group, France.                                 
     20                                                                               
                                   Issue Presented                                    
               For purposes of this appeal, the examiner has limited the              
          issues to a single rejection.  (Examiner’s answer mailed August             
          31, 2005 at 3.)  Specifically, the only issue before us is a                
     25   rejection under 35 U.S.C. § 103(a) of appealed claims 1, 3, 5,              
          6, and 17 through 20 as unpatentable over the combination of                

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