Appeal No. 1998-1893
Application 08/088,125
The appellant does not define “foodstuff”. We therefore
give this term its ordinary meaning, which is “[a] substance that
can be used or prepared for use as a food.”3
Wittwer discloses a capsule of the type “utilized in the
pharmaceutical and food industries, to hold edible and
pharmaceutically active materials such as medicines, vitamin
preparations, and other edibles both solid and liquid” (col. 1,
lines 19-23). The capsule has over the seam between its halves a
label which preferably is in the form of a round patch or dot and
which can have visible indicia such as logos, codes or the like
imprinted thereon (col. 3, lines 1-14; col. 9, lines 19-22).
Hence, Wittwer would have fairly suggested, to one of ordinary
skill in the art, a foodstuff having thereon a round patch or dot
which has visible indicia such as logos or the like on it and
which serves, among other functions, to provide a decorative
effect. The examiner finds that Wittwer’s printed films are
decorative (answer, pages 8 and 17), and the appellant does not
challenge this finding (reply brief, pages 4-5). Since the
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