Appeal No. 2000-1087
Application No. 08/976,102
Section 103 rejection. In re Warner, 379 F.2d 1011, 1017, 154 USPQ
173, 177-78 (CCPA 1967).
To carry his burden of proof, the examiner relies on Hembling.
The examiner finds, and appellants do not dispute, that Hembling
describes a readily-dispersible dry mix for producing a quick-
setting, aqueous gel, comprising “sodium or potassium alginate, [a]
calcium salt, sugars, [a] buffering agent, sweetening agents, food
acids, flavors and colors.” Compare, Answer, pages 3 and 4, with
Brief in its entirety. The examiner finds, and appellants do not
dispute, that the calcium salt can be agglomerated either per se or
with up to 90% of a water-soluble filler such as sugars (sucrose).
Compare Answer, page 4, with Brief in its entirety.
The examiner appears to recognize that Hembling is deficient
in that it does not mention that its sugars are crystalline sucrose
aggregates having particular particle sizes produced from the
claimed sugar crystallization process. See Answer, page 4.
The examiner, however, concludes (id.) that:
It would have been obvious to one skilled in the art at
the time of the invention to select the sugar product and
calcium salt of any size as long as they can properly be
mixed with other ingredients to make the dry mix. The
selection of any particular size would have been an
obvious matter of choice. As to the way the crystalline
sugar product is obtained, it is not seen how the way the
sugar is obtained affects the final product. Applicant
3
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007