Appeal No. 2001-2486
Application 08/670,885
V; Examiner’s Answer, Paper No. 32, mailed December 19, 2000,
page 2, paragraph (3).
Claim 1 is representative of the subject matter on appeal
and is reproduced below:
1. A hot melt composition comprising a starch, a
plasticizer selected from the group consisting of a polyol and a
polyacetic acid and essentially no water, the starch being
present in an amount of less than about 30% by weight of the
starch/plasticizer mixture, wherein the hot melt is food-grade.
The reference relied upon by the examiner is:
Grillo et al. (Grillo) 5,882,707 Mar. 16, 1999
GROUND OF REJECTION1
Claims 1-4, 6, 16 and 18 stand rejected under 35 U.S.C.
§ 102(e) as anticipated by Grillo.
We reverse and remand to the examiner.
1
1 The final rejection of claims 1, 2, 7-8 and 16-18 under
35 U.S.C. § 102(b) as anticipated by Werner and of claims 3, 6
and 24 under 35 U.S.C. § 103 as unpatentable over Werner were
withdrawn in view of appellants’ amendment, Paper No. 21,
received February 23, 2000. See Advisory Action, Paper No. 24,
mailed March 17, 2000.
2
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