Ex Parte HEMBLING et al - Page 5



           Appeal No. 2000-1087                                                                       
           Application No. 08/976,102                                                                 

           and can be used for the gelling (gelatin), coloring and flavoring                          
           purposes.  See column 1, lines 9-20.  These sugar aggregates                               
           improve the dispersibility of powdered food ingredients and prevent                        
           them from caking and clumping together.  See column 1, lines 18-36                         
           and column 2, lines 14-24.                                                                 
                 Given the above-mentioned advantages of using the sugar                              
           product described in Chen in dry powder food ingredients useful for                        
           producing gelatin, we determine that one of ordinary skill in the                          
           art would have been led to employ the method described in Chen to                          
           produce the sugar-calcium particles described in Hembling,                                 
           motivated by a desire to improve the dispersibility of Hembling’s                          
           powder mix for producing a quick-setting gel (gelatin).  In other                          
           words, the combined disclosures of Hembling and Chen would have                            
           rendered at least the subject matter recited in claim 21 prima                             
           facie obvious to one of ordinary skill in the art.                                         
                 Upon return of this application, the examiner is to determine                        
           1)    whether the combined teachings of Hembling and Chen would have                       
                 rendered the subject matter recited in each and every claim                          
                 prima facie obvious to one of ordinary skill in the art; and                         
           2)    whether such prima facie case is rebutted by the declaration                         
                 of record relied upon by appellants.                                                 

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