Appeal No. 2005-1581 2
Application No. 09/681,692
OPINION
Appellants' invention relates to coated chewing gum products and methods of
making same. (Specification, page 1, lines 7-9). According to Appellants, the
products of the invention are designed to provide improved flavor perception as
compared to similar type products. (Brief, p. 3). Representative claims 1 and 21 are
reproduced below:
1. A coated chewing gum product comprising:
a gum center that includes a water soluble portion and a water insoluble
portion, the water insoluble portion comprising at least 50% by weight of
the gum center, the gum center including less than 5% by weight of bulk
sweeteners; and
a coating that at least substantially surrounds the gum center
21. A coated chewing gum product comprising:
a gum center that includes a water insoluble portion, the water insoluble
portion comprising at least 50% by weight of the gum center, the gum
center including less than 5% by weight of bulk sweeteners; and
a coating that at least substantially surrounds the gum center.
As evidence of unpatentability, the Examiner relies on the following references:
McGrew et al. (McGrew) 5,336,509 Aug. 9, 1994
Yatka 5,536,511 Jul. 16, 1996
The Examiner rejected claims 1-36 under 35 U.S.C. § 103(a) as unpatentable
over McGrew in view of Yatka.1
We have carefully reviewed the claims, specification and applied prior art,
including all of the arguments advanced by both the Examiner and Appellants in
1 The Examiner’s reasons for rejecting the claims appear in the Office Action mailed April 09, 2004.
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