Appeal No. 1996-3537
Application No. 08/302,596
conclusion of obviousness is unsupported by any factual
evidence. The examiner simply has not supplied any evidence
that the spread of the type described in Moran was known to be
used in the form of microcapsules having the claimed particle
sizes. Nor has the examiner supplied any evidence regarding
the desirability of employing the claimed spraying technique
to form the spread of the type described in Moran or of using
the spread of the type described in Moran in the form of
microcapsules having the claimed particle sizes. Indeed, the
examiner does not refer to any evidence to demonstrate that
the application of a spraying technique to form microcapsules
is known to one of ordinary skill in the food art.
Accordingly, we reverse the examiner’s Section 103 rejection
of all of the appealed claims.
The decision of the examiner is reversed.
REVERSED
CHUNG K. PAK )
Administrative Patent Judge )
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