Appeal No. 1998-1893
Application 08/088,125
exemplified horizontal flat surface, as argued by the appellant
(reply brief, page 4), is a lubricated glass plate (col. 10,
lines 19, 43-44 and 59; col. 11, line 19). The examiner argues
that Macpherson forms his edible film on a flexible sheet (brief,
pages 18-19), but does not explain how Macpherson, the METHOCEL
references and Wittwer would have fairly suggested to one of
ordinary skill in the art the desirability of forming Wittwer’s
edible polymeric film on Macpherson’s flexible sheet. The
examiner has not established that the compositions of the films
of Macpherson or Wittwer are sufficiently similar that one of
ordinary skill in the art would have been led to use Macpherson’s
flexible sheet as the substrate to which Wittwer’s edible
polymeric film forming solution is applied, and has not provided
any other reason as to why one the applied references themselves
would have led one of ordinary skill in the art to form Wittwer’s
edible polymeric film on a flexible sheet. The examiner argues
that Wittwer’s disclosure of forming the film by continuous
roller or knife coating, spraying or casting film forming
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