Ex Parte WOLFE et al - Page 4


          Appeal No. 1998-1417                                                       
          Application No. 08/526,891                                                 

               to mixing in the continuous mixer;                                    
                    c) adding at least one sweetener and at least                    
               one flavoring agent into the elastomer and filler in                  
               the continuous mixer;                                                 
                    d) subjecting at least the sweetener, flavoring                  
               agent, elastomer and filler to distributive mixing in                 
               the continuous mixer, to form a chewing gum product;                  
                    e) continuously discharging the chewing gum                      
               product from the mixer; and                                           
                    f) wherein at least one ingredient is added to                   
               the continuous mixer through a hollow pin located at a                
               distance from a shaft of the extruder that is at least                
               2.7% of the diameter of a barrel of the extruder.                     
                    19.  A method of continuously manufacturing                      
               chewing gum without requiring separate manufacture of                 
               a chewing gum base, comprising the steps of:                          
                    a) adding at least an elastomer and filler into                  
               a blade-and-pin mixer that includes pins that are                     
               located at different distances from a shaft of the                    
               extruder including at least one hollow pin that is                    
               located at a greater distance from the shaft then                     
               [sic] at least one other pin, and mixing the elastomer                
               and filler together using blades and pins;                            
                    b) adding at least one ingredient selected from                  
               the group consisting of fats, oils, waxes and                         
               elastomer plasticizers into the blade-and-pin mixer,                  
               and mixing said at least one ingredient with the                      
               elastomer and filler using blades and pins; and                       
                    c) adding at least one sweetener and at least                    
               one flavor into the blade-and-pin mixer, and mixing                   
               said sweetener and flavor with the remaining                          
               ingredients to form a chewing gum product.                            
               The examiner relies on the following prior art reference as           
          evidence of unpatentability:                                               
          Andreas Treiber, Extrusion Processing of Shear-Sensitive Food              
          Products, in International ZDS Conference SIA-27 “Extrusion                
          Cooking ’87” (1987).                                                       
               Claims 14, 15 and 19 on appeal stand rejected under 35                
          U.S.C. § 102(b) as anticipated by Treiber.  (Examiner’s answer             

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