Appeal No. 2003-0410
Application 09/775,785
components of the gum base to the single mixing
apparatus/extruder. In other words, we are in agreement with the
examiner that in interpreting the independent claims as broadly
as possible consistent with the specification and claims, the
claims read on Naumann’s disclosure of adding a pre-mix
containing gum base components (i.e., the unplasticized gum base)
and a plasticizer to a single apparatus/extruder.
Our conclusion is based on our review of the specification
wherein we note that no specific definition has been provided for
the phrase “all of the addition and compounding steps necessary
to produce gum base.” Further, appellants’ own examples show the
addition of various blends of materials to the extruder. See,
e.g., specification, page 23, line 22, and page 24, line 14. The
specification teaches that the invention provides a method of
preparing a chewing gum base without requiring pre-blending or
pre-treatment of the elastomer with any other ingredient. See,
e.g., specification, page 4. However, the claims are not so
limited. Rather, the claims merely require that the elastomer is
added to the mixing apparatus/extruder separate and apart from
the plasticizer. Claims 1, 13 and 19. This step is clearly
taught by Naumann. See Naumann, page 8. See Kalman v. Kimberly-
Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir.
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