Appeal No. 95-0517
Application 07/867,049
Appellant's claimed invention is directed to an edible
wick (claim 1) and a method of decorating a foodstuff (claim
7). The edible wick comprises two components: (a) fine
granular or powdered, non-combustible and edible material and
(b) an edible fuel, such as vegetable fat or propylene glycol.
The wick has the ability to maintain a flame in a still room.
The method of decorating foodstuff comprises obtaining a
mixture of a fuel and an edible, fine granular or powdered,
wicking material, and applying the mixture to a foodstuff.
Appellant submits at page 5 of the Brief that "claims 1-6
and 11 are separately patentable from claims 7-10."
Accordingly, claims 1-6 and 11 stand or fall together, as do
claims 7-10. In re Nielson, 816 F.2d 1567, 1572, 2 USPQ2d
1525, 1528 (Fed. Cir. 1987); Ex parte Schier, 21 USPQ2d 1016,
1018-19 (Bd. Pat. App. & Int. 1991). See also 37 CFR §
1.192(c)(7) and (c)(8) (1995). In view of appellant's
grouping of the appealed claims, we will rule on the propriety
of the examiner's prior art rejections of claims 1 and 7, with
which the remaining appealed claims stand or fall.
Appealed claim 11 stands rejected under 35 U.S.C. § 112,
first and second paragraphs. Appealed claims 1-11 stand
-3-
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