Appeal No. 2001-2486
Application 08/670,885
8000) in amounts which fall within the limitations recited in
claim 1. Specifically, Grillo teaches a dry concentrate
containing 12% corn syrup solids (i.e., a starch which is present
in an amount of less than about 30% by weight of the
starch/plasticizer mixture) and 81% PEG 8000 (i.e., a
plasticizer).
Grillo’s requirement of a “dry” concentrate would appear to
meet the claim 1 limitation requiring that the composition
contain essentially no water. Further, Grillo’s use of the dry
color concentrate as a food coating meets the limitation that the
composition is food-grade. Moreover, application of the
composition by spraying to form a coating on a food product
suggests that the composition is an adhesive. Accordingly, the
examiner should revisit the issue of whether Grillo anticipates
the claims in light of Grillo’s example 14.
SUMMARY
The decision of the examiner is reversed.
The application is remanded to the examiner for action on
the matter set forth above.
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