Ex Parte McCutchan - Page 7



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

                    of the snack piece.  This two-dimensional cross-                  
                    sectional “footprint” of the snack piece forms a                  
                    projected area that can be determined either by                   
                    area calculations of a known geometry, a curve                    
      5             integrator, superimposing the actual drawn area                   
                    on grid paper with predetermined area markings,                   
                    or by comparing the weight of a piece of paper                    
                    cut to the footprint outline to a weight of                       
                    similar paper with a known area.  To measure the                  
     10             projected area of the individual snack piece, the                 
                    snack piece to be measured is placed in an                        
                    orientation that will yield the largest possible                  
                    projected area.  [Emphasis added.]                                
     15        13. The subject specification defines the expression                   
                    “space efficiency” as the ratio of the total net                  
                    weight (net wt.) of the product contained within the              
                    kit, to the total exterior kit or package volume (ext.            
                    vol.).  (Specification at 1, lines 25-28.)                        
     20        14. The subject specification states (specification at 2,              
                    lines 1-13):                                                      
                         Snack food pieces, such as potato chips (or                  
                    “crisps”) or tortilla chips, and dip-condiments                   
                    (hereinafter “dips”), such as chip dips or salsa,                 
     25             have individually been available for years and                    
                    consumers enjoy them together as a combination                    
                    food item.  However, the majority of snack chip                   
                    packages and dips are sold separately.  This                      
                    individual retailing of the snack chips separate                  
     30             from the dip creates several problems.  First,                    
                    the majority of snack piece packaging, i.e., bags                 
                    already have low space efficiency and package                     
                    density.  Second, due to the packaging of the                     
                    snack pieces and the dip in separate packages,                    
     35             the space efficiency and bulk density of snack                    
                    pieces and dip as a food combination is even                      
                                          7                                           



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