Appeal No. 95-0517 Application 07/867,049 top of cakes and the like during burning, the wicking component of Nisshin's candle is combustible, not non-combustible, as required by claim 1. (See page 3 of the English translation, last paragraph, where it is disclosed "[s]aid wick (3) is composed of a burnable, edible substance.".) Hoogeveen is even more removed from the requirements of claim 1 than Nisshin. Hoogeveen discloses an edible colored pencil, not a wick or candle, which center portion does not contain a material that is either fine granular or powdered, or non-combustible. In addition, although the examiner states that the crayon of Hoogeveen would inherently or obviously maintain a flame, the examiner has not provided factual support for this conclusion. Even though the crayon of Hoogeveen may comprise materials that in and of themselves are flammable, there is no teaching or suggestion in Hoogeveen that the edible colored pencil has the necessary thickness, configuration and composition for the casing and filling to maintain a flame in a still room, as required by claim 1. Indeed, Hoogeveen offers no hint that the colored pencil may also serve as a candle. It is well settled that a determination of inherency cannot be established by -5-Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007