Appeal No. 2006-0930
Application No. 09/905,540
lower. Third, once purchased, the user must
carry, secure and store two separate items when
they transport the chips and dip to a remote
location for eventual consumption. And, Finally
5 [sic], generally these packages randomly pack the
snack chips within the package and thus permit
chip breakage, which is less conducive to
dipping. Therefore, this food combination is not
optimal as a portable food item.
10
15. Nevertheless, the specification acknowledges
(specification at 2, lines 27-28): “Various executions
of packages containing snack pieces with dips in a
unitary package or kit are known.”
15 16. Regardless of whether the relied upon Snack-A-Dip®
(Lightly Salted Tortilla Chips & Salsa) sample (a
product of France) is available as prior art under 35
U.S.C. § 102, the examiner found that the commercial
products identified in Table 1, which includes Snack-
20 A-Dip® (Lightly Salted Tortilla Chips & Salsa), of the
specification (page 6) constitute admitted prior art
(January 7, 2005 Office action at 2).
17. The appellant did not dispute the examiner’s
determination of the admitted prior art status of
25 Snack-A-Dip® (Lightly Salted Tortilla Chips & Salsa)
and, in fact, affirmatively stated that the commercial
products identified in Table 1 of the specification,
8
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