Ex parte ELLIOTT - Page 11




          Appeal No. 97-2907                                                          
          Application 08/314,146                                                      


          reversed.                                                                   


                                  Claims 26 and 27                                    


               We reverse the rejections of claims 26 and 27,                         
          respectively.                                                               


               As pointed out by appellant (brief, page 11), these                    
          claims are drawn to a method of dispensing an extrudable food               
          product comprising, inter alia, the step of providing a                     
          reusable tube to hold “said extrudable food product”.  Simply               
          stated, the patents to Chang and Hutton are not concerned at                
          all with a method of dispensing an extrudable food product.                 
          Since the applied evidence of obviousness does not address the              
          specific content of the claimed subject matter, we are                      
          constrained to reverse the respective rejections of claims 26               
          and 27.  We do note, however, that a conventional cylindrical               
          container supported by the hemi-                                            


          cylinder 20 of Chang (column 1, lines 52 through 54) would                  
          fairly be denoted a removable and reusable container.                       
                                         11                                           





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