The opinion in support of the decision being entered
today was not written for publication in a law journal
and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
Ex parte JOHN RIZZOTTO and EUGENE KARDELIS JR.
Appeal No. 2005-2436
Application No. 09/827,686
ON BRIEF
Before KIMLIN, GARRIS and KRATZ, Administrative Patent Judges.
KIMLIN, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal from the final rejection of claims 1, 4-9,
18 and 22-26. Claim 1 is illustrative:
1. A chewable flavor delivery system comprising in
combination:
a carrier consisting of an edible cellulosic plant material
being 100% cabbage leaves prepared by one of, forming into
strands or in grannular form dried to a moisture content of at or
below 8% by weight, said cabbage leaves having at least 30%
intact cell walls;
a water soluble but not water containing flavoring
ingredient in liquid form and capable of entering intact cell
walls of said cabbage leaves; and
an effective amount of a food safe humectant.
-1-
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