Appeal No. 1997-1281
Application No. 08/317,830
Taruzaki, Kaufmann, and Albert. The examiner determines that it
would have been obvious to employ the packaging material
described in Kaufmann or Albert as the packaging material for the
organic gel described in Taruzaki. Appellants have not disputed
this determination. See Brief, page 13. What appellants dispute
is that Taruzaki does not teach or would not have suggested the
claimed organic gel. Id. For the reasons indicated supra, we
find that Taruzaki’s solid or pasty solid is necessarily the
claimed organic gel. Accordingly, we affirm the examiner’s § 103
rejection of claims 65 through 71 over the combined disclosures
of Taruzaki, Kaufmann, and Albert.
35 U.S.C. § 103 BASED ON TARUZAKI AND EDWARDS ‘587
The examiner has rejected claims 28 through 31 under 35
U.S.C. § 103 as unpatentable over the combined disclosures of
Taruzaki and Edwards ‘587. The examiner finds, and appellants do
not dispute, that Taruzaki teaches that its solid or pasty solid
may be hermetically packaged in bags made of a water-insoluble
film. Compare Answer page 5, with Brief and Reply Brief in their
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