Appeal No. 2002-2146
Application No. 09/428,261
issued a decision dated Sep. 18, 1997, Paper No. 23, in Appeal
No. 1995-1058, affirming the examiner’s rejection of claims 1-14
under 35 U.S.C. § 103 over Mehansho (Paper No. 23, pages 1-3).
For comparison purposes, a copy of illustrative independent claim
1 from Appeal No. 1995-1058 is reproduced below:
1. An effervescent calcium supplement comprising a unit
dosage mixture of:
(a) a primary calcium source comprising calcium carbonate;
and
(b) an edible acid component comprising a mixture of citric
acid and malic acid;
wherein the percentage of citric acid to total acid is at
least 23% and not more than 75% and the weight ratio of acid
equivalents to base equivalents is from 0.8 to 1.8; and whereby
when said effervescent calcium supplement is deposited in aqueous
medium at least 75% of the soluble calcium ion remains in
solution for at least about 2 days.
B. The Rejection
The examiner finds that Mehansho discloses a carbonated soft
drink which contains a combination of calcium carbonate, citric
acid and malic acid, where the calcium carbonate, citric acid and
malic acid are premixed in dry form (Answer, page 3). The
examiner finds that this formulation acts as a calcium
supplement, either alone or in combination with a beverage (id.).
The examiner adopts the reasoning from the decision in Appeal No.
1995-1058 to establish that the particular weight ratio of
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007