Appeal No. 2004-0973
Application No. 09/898,155
The prior art references relied upon by the examiner are:
Hoffman 6,346,283 Feb. 12, 2002
Shlyankevich 5,569,459 Oct. 29, 1996
Night Song, Product, NutraSource, Inc., www.nutrasource.com, 7/11/2000
Grounds of Rejection
Claims 16, 17 and 19-25 stand rejected under 35 U.S.C. 102(e) as anticipated
by Hoffman.
Claims 16 and 18 stand rejected under 35 U.S.C. 103(a) as obvious in view of
Hoffman.
Claims 16 -25 stand rejected under 35 U.S.C. 103(a) as obvious in view of
Shlyankevich.
Claims 16 -25 stand rejected under 35 U.S.C. 103(a) as obvious in view of Night
Song.
We affirm the anticipation and obviousness rejections in view of Hoffman, and
reverse the remaining rejections.
Claim Grouping
According to appellants, the “claims on appeal may be grouped as one.” Brief,
page 2. Therefore, we select claim 16 as representative of the claims on appeal. In
re Young, 927 F.2d 588, 590, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991).
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