Appeal No. 96-0479
Application 08/124,063
while Hettiarachchy discloses that his stabilized bixin can be used as a food coloring in beverages and
cheese (col. 4, lines 51-54), the reference fails to disclose or suggest using the stabilized bixin as a coating
on an edible food casing.
Remer suggests coloring edible food casings with a dye such as bixin or norbixin in a carrier such2
as glycerin, mannitol or sorbitol (col. 1, lines 40-58; col. 2, lines 13-20). However, the reference does not
suggest dispersing the dye in a water soluble or alcohol soluble film forming agent. According to Remer,
the carrier serves as a solvent for the dye such that the dye is uniformly and completely impregnated in the
edible casing material (col. 1, lines 51-55). The carrier is not disclosed as being a film forming agent.
Accordingly, we do not find that Remer discloses or suggests coating the edible casings or teaches a
composition that comes within the scope of the term “dispersion” as set forth in appellants’ claims.
Winkler discloses combining a dye such as bixin with a carrier such as a protein and an edible
casing material to form an extrudable composition and then extruding the composition to form the edible
casing (col. 3, lines 18-40). The reference does not teach or suggest forming a surface coating containing
bixin on an edible casing.
Taking the prior art relied upon by the examiner as a whole, we find that the examiner has failed
to present a prima facie case of obviousness over the combined teachings of Hettiarachchy, Remer and
Winkler.
Remer discloses using “annatteo” (sic, annatto) as a dye (col. 4, lines 66-69). Hettiarachchy discloses that both2
bixin and norbixin are derived from annatto (col. 2, lines 26-27).
-4-
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007