Appeal No. 2005-1582
Application No. 09/682,176
OPINION
Claims 1-7, 9-15, 17, 18, and 21-26 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Cherukuri. 2
The Examiner found that Cherukuri discloses preparing a tableted chewing gum
including gum particles of 4 mesh (about 6mm) and composed of about 50% gum base
and about 50% powered sweetener; and adding 2% magnesium stearate lubricant, a
colorant, about 5% dry powdered active agent and about 3% powdered flavoring which
is formed into a tablet by compressing the components. According to the Examiner, the
powdered active agent or flavoring includes particles smaller than the 6 mm gum
particles used therein and is equivalent to the claimed tableting media. The Examiner
asserts that the distribution of gum component and tableting media is non-
homogeneously present in the gum of the Cherukuri since the flavoring and/or active
agent particles are of a smaller size than the gum particles. The Examiner asserts,
referencing page 6 of the specification, that the gum particles of Cherukuri are of the
same size as the claimed gum chips. (Answer, p. 3).
Appellants argue that Cherukuri lacks tableting media having an average particle
size that is smaller in size than the average particle size of the gum chips because
2 Appellants have not presented arguments separately for each of the appealed claims. For this rejection,
the Appellants have grouped the arguments together for claims 1, 12 and 15. We select claim 1 as
representative of the rejected claims.
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