Ex Parte DUNN et al - Page 3



          Appeal No. 2004-1304                                                        
          Application 08/730,625                                                      


                    Claims 1 through 28 stand rejected under 35 U.S.C.                
          § 112, second paragraph, as being indefinite for failing to                 
          particularly point out and distinctly claim the subject matter              
          which appellants regard as their invention.                                 

                    Claims 1, 2, 6 and 27 stand rejected under 35 U.S.C.              
          § 102(b) as being anticipated by McNaughtan.                                

                    Claims 25 and 26 stand rejected under 35 U.S.C.                   
          § 103(a) as being unpatentable over McNaughtan in view of                   
          Biolik.                                                                     

                    Claims 1 through 8 stand rejected under 35 U.S.C.                 
          § 103(a) as being unpatentable over “Soft Bite Utensils” in                 
          view of the “Too Hot” package and Heinmets.                                 

                    Claims 25 and 26 stand rejected under 35 U.S.C.                   
          § 103(a) as being unpatentable over “Soft Bite Utensils” in                 
          view of the “Too Hot” package and Heinmets as applied to claim 1            
          above, and further in view of Biolik.                                       


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