Appeal No. 95-0517
Application 07/867,049
crystals or cocoa butter (see English translation at page 2,
first paragraph; page 3, lines 21 and 22; and paragraph
bridging pages 5 and 6). Appellant's argument at page 13 of
the Brief that "[n]othing in any of the cited art suggests a
material that a consumer can shape and which will burn in its
shape" is not germane to claim 7 on appeal, which does not
require a material that can be shaped and burn in its shape.
In conclusion, based on the foregoing, the examiner's
rejection of claim 11 under 35 U.S.C. § 112, first and second
paragraphs, is affirmed, as is the examiner's rejection of
claims 7-10 under 35 U.S.C. § 103. The examiner's rejection
of claims 1-6 and 11 under 35 U.S.C. § 103 is reversed. The
examiner's decision is affirmed-in-part.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED-IN-PART
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
JOHN D. SMITH ) BOARD OF PATENT
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