Appeal No. 1998-2531
Application 08/574,279
that the prior art could be so modified would not have made the modification obvious unless the prior
art suggested the desirability of the modification.").
The examiner has failed to establish that the claimed candy-coated raisin is the same as or
obvious from candy-coated raisins produced by the Daum process. The teachings of Minifie and
Brown further fail to cure the deficiencies of Daum. Therefore, based on the record before us, we are
constrained to reverse the decision of the examiner.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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)
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) BOARD OF PATENT
ADRIENE LEPIANE HANLON) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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ROMULO H. DELMENDO )
Administrative Patent Judge )
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