Appeal No. 2004-0736
Application No. 09/871,334
within the tablet (Answer, page 5).3 The examiner therefore
applies Cherukuri and Song to show that incorporating flavors into
a tablet was well known in this art (Answer, pages 5-6). The
examiner applies Engel to show the advantages of using “freshly
harvested” flavoring agents in this art (Answer, page 6). From
these findings, the examiner concludes that it would have been
obvious to use the flavoring agents of Stahl within the tablet, as
taught by Cherukuri and Song, and to use freshly harvested
flavoring agents for the advantages taught by Engel (Answer, page
6). We agree.
Appellants argue that Stahl does not teach or suggest that the
flavoring agent be contained in the tablet and that the agent be
from freshly harvested ingredients (Brief, page 5). We agree with
appellants’ argument but note that the other references applied in
the rejection on appeal supply these missing limitations (see the
examiner’s findings discussed above). Furthermore, we note that
“freshly harvested” is not defined nor limited in any way in the
specification. Giving this term its broadest reasonable
interpretation as it would have been understood by one of ordinary
3Stahl describes the core of chewing gum as a “tablet” (page
2, l. 1), which is then coated with a flavoring agent (e.g., page
11, ll. 1-3).
4
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