Appeal No. 2004-0736
Application No. 09/871,334
thereof, having an average particle size of up to about 3
millimeters (mm) and a moisture content of up to about 75% by
weight, which flavoring agents provide more intense flavor and
increased stability (Brief, pages 1-2). Appellants state that all
of the claims stand or fall together (Brief, page 2). Therefore,
pursuant to the provisions of 37 CFR § 1.192(c)(7)(2000), we select
independent claim 1 as the broadest claim representative of the
invention and decide the ground of rejection in this appeal on the
basis of this claim alone. Claim 1 is reproduced below:
1. An edible tablet comprising a freeze-dried flavoring agent
or an active component thereof contained within the tablet having
an average particle size of up to about 3 millimeters and a
moisture content of up to about 75% by weight of the flavoring
agent components, wherein the flavoring agent or active component
thereof comprises freeze-dried freshly harvested fruit, herb,
vegetable, spice, extract thereof or combinations thereof.
The examiner has relied upon the following references as
evidence of obviousness:
Song et al. (Song) 5,128,155 Jul. 07, 1992
Cherukuri et al. (Cherukuri) 5,284,659 Feb. 08, 1994
Engel et al. (Engel) 0 743 062 A1 Nov. 20, 1996
(published European Patent Application)1
Stahl WO 99/44436 Sep. 10, 1999
(published International Application)
1We rely upon and cite from a full English translation of
this document, previously made of record.
2
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