Talbot 4,350,783 Sep. 21, 1982
Ceska 4,722,976 Feb. 02, 1988
Gebauer et al. (Gebauer) DE 3,226,602 Jan. 19, 1984
(German Patent, English Translation by Schreiber Translation, Inc.)
Yamamoto et al. (Yamamoto) JP 60-003,399 Jan. 09, 1985
(Japanese Patent, English translation by diplomatic Language
Services, Inc.)
Claims 1-31 stand rejected under 35 U.S.C. ~ 103 as being
unpatentable over Bivens in view of Talbot and further in view
Gebauer or Yamamoto, and further in view of Ceska.
As a preliminary matter, on pages 3-4 of the answer, the
examiner states that the Gebauer disclosure is not “necessary
for the rejection”. The examiner does not present a position on
this reference. Hence, we do not comment on this reference in
reaching our decision. We also note that the examiner relies
upon Yamamoto in part for teaching the use of nitrogen gas,
which is recited in appellants’ claim 4, which is a claim not
under consideration in this appeal. The examiner has not
pointed out the type of resin system set forth in Yamamoto and
how such relates to Bivens. Hence, we determine that Yamamoto
is more removed from the issues in this case, and we are able to
reach our determinations regarding claims 1, 6, and 18 without
reliance upon Yamamoto, and therefore do not further comment on
Yamamoto in this decision. A copy of claims 1, 6, and 18 are
set forth in the attached appendix.
We present our analysis by reviewing claims 1 and 18
(representative of the claims that do not require a sugar
component) apart from claim 6 (representative of the claims
requiring a sugar component). We do this in order to
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