Appeal No. 2001-2486
Application 08/670,885
Contrary to the examiner, we find that appellants’
evidence demonstrates that Grillo’s dry color concentrate is not
a hot melt composition as required by the claims when formulated
using glycerin and starch in the amounts required by the claims.
Accordingly, the rejection is reversed.
REMAND TO THE EXAMINER
This application is remanded to the examiner for action on
the following matter:
37 CFR § 1.196(a) (July 2002) provides that “[t]he Board of
Patent Appeals and Interferences, in its decision, may affirm or
reverse the decision of the examiner in whole or in part on the
grounds and on the claims specified by the examiner or remand the
application to the examiner for further consideration.”
(Emphasis added.) The examiner’s rejection of claims 1-4, 6, 16
and 18 as anticipated by Grillo was based on Grillo’s disclosure
of a composition containing a starch and glycerin. As stated
above, appellants have persuasively argued that Grillo does not
anticipate the claimed invention when Grillo’s composition is
formulated using a starch and glycerin. However, Grillo also
discloses a composition containing a starch and plasticizer (PEG
6
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