Appeal No. 95-0517 Application 07/867,049 probabilities or possibilities, but it is incumbent upon the examiner to establish the inevitability of the inherency propounded. In Oelrich, 666 F.2d 578, 581, 212 USPQ 323, 326, (CCPA 1981); In re Wilding, 535 F.2d 631, 635-36, 190 USPQ 59, 63-64 (CCPA 1976). Consequently, we are constrained to reverse the examiner's prior art rejection of claims 1-6 and 11. The examiner's § 103 rejection of claims 7-10 is another matter. Appealed claim 7 simply requires applying a mixture of a fuel and an edible, fine granular or powdered, wicking material to a foodstuff. Claim 7 does not require that the wicking material be non-combustible. In our view, both Nisshin and Hoogeveen disclose applying the claimed mixture to a foodstuff. Nisshin's disclosure of applying wicks of rice crackers and dried gourd shavings, which are mixtures of a fuel, such as oil and fat, and an edible, granular material, to a foodstuff such as cake meets the requirements of claim 7. Hoogeveen meets the requirements of claim 7 by disclosing the application of the pencil filling to foodstuffs such as cookies and wafers, which fillings include edible oils and fats which may contain crystals or small spheres such as sugar -6-Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007