Appeal No. 2005-2436
Application No. 09/827,686
In the rejection of the appealed claims, the examiner relies
upon the following references:
Garber 2,331,830 Oct. 12, 1943
Finberg 3,067,068 Dec. 4, 1962
Rozacky et al. (Rozacky) 3,702,615 Nov. 14, 1972
Aebi et al. (Aebi) 5,368,873 Nov. 29, 1994
Nonomura et al. (Nonomura) 5,597,400 Jan. 28, 1997
Appellants' claimed invention is directed to a chewable
flavor delivery system comprising a carrier of 100% cabbage
leaves, a water soluble flavoring ingredient in liquid form, and
a food safe humectant. The cabbage leaves have a moisture
content at or below 8% by weight and have at least 30% intact
cell walls.
Appealed claims 1, 4-8, 18, 24 and 25 stand rejected under
35 U.S.C. § 102(b) as anticipated by or, in the alternative,
under 35 U.S.C. § 103(a) as being unpatentable over Finberg.
Claims 1, 4-6, 8, 18, 23 and 25 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by or, in the alternative, under
35 U.S.C. § 103(a) as being unpatentable over Aebi. In addition,
the claims stand rejected under 35 U.S.C. § 103(a) as follows:
(a) claims 4-6, 22 and 23 over Finberg in view of Garber;
(b) claims 9 and 26 over Aebi in view of Nonomura;
(c) claims 1 and 4-8 over Rozacky; and
(d) claim 9 over Rozacky in view of Nonomura.
-2-
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007