Ex parte JON et al. - Page 2




                Appeal No. 96-0479                                                                                                       
                Application 08/124,063                                                                                                   

                withdrawn as being drawn to non-elected inventions.  We reverse.                                                         

                                                    The Claimed Subject Matter                                                           

                        The claims on appeal are directed to a food casing.  Claim 1 is representative of the claimed subject            

                matter and reads as follows:                                                                                             

                                A food casing having a surface coating comprising a dispersion of bixin in a water-                      
                        soluble and /or alcohol-soluble film forming agent of a cellulose derivative, a protein, a                       
                        dextrin, a shellac, a starch, or a starch derivative, or mixture of said film forming agents in                  
                        an amount effective to color a foodstuff encased thereby during cooking or pasteurization.                       


                                                        References of Record                                                             

                        The following references of record are relied upon by the examiner as evidence of obviousness:                   

                        Remer                                           2,477,768               Aug.  2, 1949                            
                        Winkler et al. (Winkler)                        3,943,262               Mar.  9, 1976                            
                        Hettiarachchy et al. (Hettiarachchy)            4,699,664               Oct.  13, 1987                           
                        Tood, Jr. (Tood)                                5,079,016               Jan.    7, 1992                          

                                                                                                                                        
                                                            The Rejections                                                               

                        Claims 1-10, 12, 14-16, 18-21 and 25-34 stand rejected under 35 U.S.C. § 103 as being                            

                unpatentable over Hettiarachchy in view of Winkler and Remer.                                                            

                        Claims 22-24 stand rejected under 35 U.S.C. § 103 as being unpatentable over Hettiarachchy in                    

                view of Winkler and Remer further in view of Todd.                                                                       





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