Appeal No. 2001-1002
Application No. 08/709,963
This determination is reinforced by the Kim declaration since it
provides testimonial evidence by one with skill in the art (i.e.,
the declarant Kim who is one of the inventors of the here claimed
subject matter) in relation to what the concentration disclosure
of Anderson would have suggested to an artisan with ordinary
skill.
In light of the foregoing, it is our ultimate determination
that the record before us on this appeal does not support the
examiner’s conclusion of obviousness regarding the thickening
agent amounts required by the appealed claims. Therefore, we
will not sustain the examiner’s Section 103 rejection of all
appealed claims as being unpatentable over Anderson in view of
Hsu and the Food Chemistry reference.
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