Appeal No. 2002-1103
Application No. 09/580,413
All of the claims on appeal are rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Schumacher in view of Stockton
and further in view of Fisher.
We refer to the brief and reply brief and to the answer and
supplemental answer for a thorough discussion of the opposing
viewpoints expressed by the Appellant and by the Examiner
concerning the above noted rejection.
OPINION
For the reasons which follow, this rejection cannot be
sustained.
On page 3 of the answer, the Examiner states that “[c]laims 1
and 3 differ from the [Schumacher] reference in [the] amount of
fatty acids in the stabilizer, in the amount of water, and in the
percentage of stabilizer in the peanut butter.”1 With regard to
fatty acids specifically, independent claim 1 requires that the
stabilizer includes at least about 75 weight percent fatty acids
and independent claim 78 requires that the stabilizer includes
about 90-99.99 weight percent non-modified fatty acids whereas
1 As a matter of clarification, we point out that the
percentage range of stabilizer in the peanut butter of claim 1
overlaps the percentage range of stabilizer in the peanut butter
of Schumacher.
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