Appeal No. 2006-0930
Application No. 09/905,540
sample as prior art is appropriate.3 Riverwood Int’l Corp. v.
R.A. Jones & Co., 324 F3d 1346, 1354, 66 USPQ2d 1331, 1337 (Fed.
Cir. 2003).
We find that the outer packaging label of the Snack-A-Dip®
5 (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). (FF19.)
We also find that Snack-A-Dip® (Lightly Salted Tortilla Chips &
Salsa) is a snack food kit including a cylindrical container
10 (canister) 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 the container lid pressing against an
upper rim of the dip-condiment tub. (FF20.) With regard to the
claim limitation “a tub attached to said canister,” the
15 appellant does not dispute the examiner’s factual finding that
Snack-A-Dip® (Lightly Salted Tortilla Chips & Salsa) includes a
3 We find that the outer packaging label of the Snack-A-
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).
(FF18.)
19
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