Appeal 2007-1685
Application 10/106,402
5) Meyer discloses a puffable, thermoplastic composition
derived from animal parts. (Abstract).
6) In Meyer’s method, pork skins are first dried to reduce
moisture content to between 10 and 25%. (Meyer 5:24-25).
Meyer teaches that “conventional flavorings may be added
during the drying step, i.e., the drying may be in combination
with wood smoke which adds a smoked flavor. Conventional
amounts of salt, pepper and other spices may also be added at
this time.” (Meyer 5:41-45).
ANALYSIS AND CONCLUSIONS
I. Has the Examiner provided a reasonable basis to conclude that
Wenzhou was disseminated or otherwise made available to the public prior
to the date of invention? If yes, then has Appellant provided sufficient
evidence to overcome the Examiner’s showing?
Appellant contends that the Examiner’s reliance on the publication
date which appears on Wenzhou is not sufficient to establish that the
document is a printed publication under 35 U.S.C. § 102(a). We disagree.
See Cooper Cameron Corp. v. Kvaerner Oilfield Products, Inc., 291 F.3d
1317, 1324, 62 USPQ2d 1846, 1851 (Fed. Cir. 2002) (finding that “[t]he
presence of the earlier date on the report indicates that it may have been
available as of that date and would thus qualify as prior art under §
102(a).”). In our view, the phrase "Published 02.06.2001" provides a
reasonable basis to conclude that Wenzhou was disseminated or otherwise
made available to the public as of February 6, 2001. Thus, the burden was
properly shifted to Appellant to demonstrate that Wenzhou Huaheng Plastics
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