Appeal No. 2004-0736
Application No. 09/871,334
Claims 1-8 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Stahl in view of Cherukuri, Song and Engel
(Answer, page 3).2 We affirm the rejection on appeal essentially
for the reasons stated in the Answer and those reasons set forth
below.
OPINION
The examiner finds that Stahl discloses edible compositions
comprising a freeze-dried flavoring agent, which may be ground to a
particle size of up to 3 mm, with a moisture content of less than
75% by weight (Answer, page 4). The examiner finds that Stahl
teaches a flavoring agent that is natural or synthetic and made
from plants, fruits, vegetables, herbs or extracts, including many
of the same flavoring agents as disclosed and claimed by appellants
(Answer, pages 4-5). The examiner recognizes that the flavoring
agents of Stahl are coated around the tablet or core material but
there is no teaching that these flavoring agents are contained
2The final rejection of claims 1-8 under the second
paragraph of section 112 has been withdrawn in view of the
amendment subsequent to the final rejection (see the amendment
of Paper No. 6, entered and indicated as overcoming the § 112,
¶2 rejection as noted in the Advisory Action of Paper No. 7; see
also the Brief, page 1, ¶4).
3
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