Ex parte GANESAN - Page 2

                     Appeal No. 1997-0164                                                                                                                                              
                     Application 08/349,300                                                                                                                                            

                     These are the only claims remaining in this application.                                                                                                          
                     Claims 5 through 9, 11 and 25 were indicated as objected to by                                                                                                    
                     the examiner as being dependent upon a rejected base claim but                                                                                                    
                     would be allowable if rewritten in independent form including                                                                                                     
                     all of the limitations of the base claim and any intervening                                                                                                      
                     claims (Answer, page 7).  Accordingly, claims 1 through 4, 12                                                                                                     
                     through 15, 22 through 24 and 26 through 29 remain under                                                                                                          
                                According to appellants, the invention is directed to a                                                                                                
                     method of forming popcorn bars where unpopped and partial                                                                                                         
                     kernels are removed from popped popcorn, a molten binder in                                                                                                       
                     the form of a caramel syrup is coated on the popped popcorn,                                                                                                      
                     this mixture is compressed into a sheet, cooled, and cut into                                                                                                     
                     bars (Brief, pages 1-2).  Illustrative claims 1 and 22 are                                                                                                        
                     reproduced and attached as an Appendix to this decision.                                                                                                          
                                The examiner has relied upon the following references as                                                                                               
                     evidence of obviousness:                                                                                                                                          
                     Dodge      1                                                     2,181,109          Nov. 21, 1939                                                                 

                                1The examiner has failed to list this reference under                                                                                                  
                     “Prior Art of record” on page 3 of the Answer but has included                                                                                                    
                     this reference in the statement of the rejection on page 4 of                                                                                                     
                     the Answer.  Since this reference was included in the Final                                                                                                       

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