Ex Parte McCutchan - Page 11



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

               25. Zimmerman expressly states that snack chips and fluid              
                    condiments are “a very popular snack combination.”                
                    (¶0010 at 1.)                                                     
               26. The examiner found that the packed volumetric bulk                 
      5             density as described in Zimmerman is the same                     
                    characteristic as “space efficiency” as described in              
                    the subject specification (page 1, lines 25-28).                  
                    (Answer at 7.)                                                    
               27. The appellant did not rely on evidence to challenge                
     10             the examiner’s finding with respect to the identity of            
                    Zimmerman’s packed volumetric bulk density and “space             
                    efficiency” as described in the subject specification.            
               28. Zimmerman teaches that snack pieces having the                     
                    disclosed structural and geometric shapes in a nested             
     15             arrangement (relative to prior art products in which              
                    the chips are randomly packed) provide increased bulk             
                    density as well as allow efficient dipping of                     
                    condiment during use.  (¶¶0002-0021 at 1-2.)                      
               29. Zimmerman teaches that three-dimensional, triangular-              
     20             shaped snack pieces are most preferred as dipping                 
                    chips.  (¶0047 at 5.)                                             

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