Ex parte HAUSLER et al. - Page 5

          Appeal No. 95-1373                                                           
          Application No. 08/011,074                                                   


          calcium carbonate in a chewable product, we concur with                      
          appellants that Kehoe does not provide one of ordinary skill                 
          in the art "any reason to believe that a combination of                      
          aspirin and calcium carbonate could be advantageous" (page 12                
          of main brief).  In our view, one must resort to impermissible               
          hindsight to derive from the Kehoe disclosure a chewing gum                  
          comprising both aspirin and calcium carbonate.                               
               In conclusion, based on the foregoing, the examiner's                   
          decision rejecting the appealed claims is reversed.                          
                                       REVERSED                                        


                         EDWARD C. KIMLIN               )                              
                         Administrative Patent Judge    )                              
                                                        )                              
                                                        )                              
                                                        )                              
                                                        )                              
                         JOHN D. SMITH                  ) BOARD OF PATENT              
                         Administrative Patent Judge    )   APPEALS AND                
                                                        )  INTERFERENCES               
                                                        )                              
                                                        )                              
                                                        )                              
                         CAMERON WEIFFENBACH            )                              
                         Administrative Patent Judge    )                              
          clm                                                                          




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