Appeal No. 1997-0527 Application No. 08/380,255 The references relied upon by the examiner as evidence of obviousness are: Richardson et al. (Richardson) 2,302,574 Nov. 17, 1942 Dzurik et al. (Dzurik) 3,619,207 Nov. 9, 1971 Avera 4,728,526 Mar. 1, 1988 Yokoyama et al. (Yokoyama) 4,814,195 Mar. 21, 1989 Mange et al. (Mange) 4,839,193 Jun. 13, 1989 Wong et al. (Wong) 5,079,027 Jan. 7, 1992 According to the Examiner's Answer, claims 1 through 11, 13 through 17, and 32 through 42 are rejected under 35 U.S.C. § 103 as being unpatentable over Mange in view of Dzurik, Avera and Richardson and further in view of Wong, and claim 12 is correspondingly rejected over these references and further in view of Yokoyama. We will not sustain either of the above noted rejections. All of the claims on appeal require mixing the combination of from about 30% to about 75% of a nut paste and from about 15% to about 45% of one or more water-soluble, non- fat dry solid, by passing it through an extruder mixer and then homogenizing the mixture under a pressure of at least 4Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007