Ex Parte Foster et al - Page 2




          Appeal No. 2003-1561                                       Page 2           
          Application No. 09/632,840                                                  


                    20. A chewing gum composition for an animal comprising:           
                    a water soluble gum portion; and                                  
                    a water insoluble gum portion including at least one              
               animal digestible elastomer wherein the chewing gum                    
               composition is capable of sticking and conforming to an                
               animal’s teeth when chewed such that the animal is required            
               to chew the gum over an extended period of time as compared            
               to a chewing gum that does not include the animal digestible           
               elastomer.                                                             

                    33. A method of delivering an agent to an animal                  
               comprising the step of:                                                
                    providing a chewing gum including the agent, a water              
               soluble gum portion, and a water insoluble gum portion                 
               including an animal digestible elastomer; and                          
                    administering the chewing gum to the animal such that             
               the chewing gum is capable of delivering the agent to the              
               animal when the animal chews the chewing gum.                          
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Cherukuri et al. (Cherukuri)       4,980,177      Dec. 25, 1990             
          Shaw et al. (Shaw)                 5,366,740      Nov. 22, 1994             
          Cook                               5,482,722      Jan. 09, 1996             
          Abdel-Malik et al. (Abdel-Malik)   5,882,702      Mar. 16, 1999             
               Claims 42 and 46 stand rejected under 35 U.S.C. § 112, first           
          paragraph as lacking descriptive support in the application as              
          filed.  Claims 20-32 stand rejected under 35 U.S.C. § 102(e) as             
          anticipated by Abdel-Malik.  Claims 20-32 stand rejected under 35           
          U.S.C. § 102(b) as anticipated by Shaw.  Claims 20, 21, 23-28 and           
          30-32 stand rejected under 35 U.S.C. § 102(b) as anticipated by             







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