Ex Parte McCutchan - Page 9



          Appeal No. 2006-0930                                                        
          Application No. 09/905,540                                                  
                    including Snack-A-Dip® (Lightly Salted Tortilla Chips &           
                    Salsa), are considered to be prior art to the                     
                    appellant.  (Supplemental appeal brief at 7.)                     
               18. We find that the outer packaging label of the Snack-A-             
      5             Dip® (Lightly Salted Tortilla Chips & Salsa) sample is            
                    marked with an identification of French Patent No.                
                    9912098, which was published as publication 2,798,911             
                    on March 30, 2001 (copies of the document and its                 
                    English language translation are attached).                       
     10        19. We further find that the outer packaging label of the              
                    Snack-A-Dip® (Lightly Salted Tortilla Chips & Salsa)              
                    sample touts the product as a “2-in-1 Combi Pack”                 
                    (i.e., a convenient package product combining the                 
                    snack chips and the dip-condiment tub).                           
     15        20. We also find that Snack-A-Dip® (Lightly Salted Tortilla            
                    Chips & Salsa) is a snack food kit including a                    
                    cylindrical container filled with a plurality of                  
                    tortilla chips, a plastic lid, and a dip-condiment tub            
                    attached to the upper lip of the container by means of            
     20             the container lid pressing against an upper rim of the            
                    dip-condiment tub.                                                

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