Appeal No. 2005-1582
Application No. 09/682,176
Cherukuri is silent as to the size of its tableting media/compression aid. (Brief, pp. 4-5).
Cherukuri exemplifies the gum granules can have a size of about 4 mesh. (Col.
10). Cherukuri also disclose the gum granules are mixed for tableting with components
equivalent to the claimed tableting media that are in powdered form. A person of
ordinary skill in the art would have reasonably expected that particles present in
powdered form are smaller than granules having a size of about 4 mesh. We note that
Appellants have not argued that powdered sized particles are larger than 4 mesh.
Appellants also argue that Cherukuri lacks non-homogeneous distribution of the
gum component and the tableting media because Cherukuri is silent with respect to the
distribution of its gum component with respect to its tableting media/compression aid.
(Brief, p. 5).
Appellants’ argument is not persuasive. Regarding the non-homogenous
characteristic of Appellants’ invention the specification states:
As compared to typically known tableted gum formulations, the
mixture of the gum component and tableting media of the present
invention, when processed, necessarily results in less sticking or
adhering of the mixture to the tableting process equipment. It is believed
that this is due to the fact that the tableting mixture of the present
invention contains a non-homogenous blend of tableting media and gum
chips that have a larger average particle size than the average particle
size of the tableting media. As compared to typical tableting mixtures
which contain a homogeneously-sized mix of gum and tableting powder,
the overall surface area of the tableting mixture of the present invention
is smaller than that of known tableting mixtures due to the presence of
the larger-sized gum chips. With a smaller surface area, less sticking of
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