Ex parte GANESAN - Page 5

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

                     some teaching or suggestion, in the prior art, to combine the                                                                                                     
                     elements.”  Arkie Lures, Inc. v. Gene Larew Tackle, Inc., 119                                                                                                     
                     F.3d 953, 957, 43 USPQ2d 1294, 1297 (Fed. Cir. 1997).  As                                                                                                         
                     stated by our reviewing court in In re Dembiczak:3                                                                                                                
                                           We have noted that evidence of a suggestion,                                                                                                
                                                     teaching, or motivation to combine may flow from                                                                                  
                     the                             prior art references themselves, the knowledge                                                                                    
                     of one                          of ordinary skill in the art, or, in some cases,                                                                                  
                     from                            the nature of the problem to be solved,                                                                                           
                     [citations                                 omitted], although ‘the suggestion more                                                                                
                     often comes                                from the teachings of the pertinent                                                                                    
                     references’                                           [citation omitted].  The range of                                                                           
                     sources available,                                               however, does not diminish the                                                                   
                     requirement for actual                                           evidence.  That is, the showing                                                                  
                     must be clear and                                     particular.  (Emphasis added).                                                                              
                                The examiner finds that Bell discloses a process of                                                                                                    
                     making a confection of peanuts by coating the peanuts with                                                                                                        
                     syrup, plasticizing the nuts, compressing the mixture to a                                                                                                        
                     uniform thickness, conveying the product on a belt, and                                                                                                           
                     cooling the product (Answer, page 4).  The examiner also finds                                                                                                    
                     that Knechtel discloses comminuting popcorn to add to a peanut                                                                                                    
                     brittle mixture, using a conveyor, binder and a cooling device                                                                                                    
                     (id.).  The examiner recognizes the differences between the                                                                                                       
                     claimed subject matter and the primary references to Bell and                                                                                                     

                                3 175 F.3d 994, 999, 50 USPQ2d 1614, 1617 (Fed. Cir. 1999).                                                                                            

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