Appeal No. 2005-1582
Application No. 09/682,176
distinct from the sweeteners that are mixed with the gum particles to form the tableted
gum. That is, the gum particles are composed of sweeteners mixed with the gum base
(these utilized sweeteners are no longer separate from the base). Thus, the
components formulated into gum particles are distinct from the components
subsequently added to form the tableted gum.
Claims 1-26 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Ream
in view of Cherukuri or Athanikar. 3
The Examiner found that Ream discloses preparation of a chewing gum product
that comprises forming gum chips having a size of 0.5 to 6 mm. The gum chips are
mixed with powdered sweetener confection. Ream discloses a colorant is added to
change the color of the sweetener. (Col. 5, ll. 28-35). Ream discloses that the gum
particle and free flowing powdered sweetener confection are combined prior to
packaging. (Col. 6, ll. 29-45). The Examiner relies on the Cherukuri and Athanikar
references for teaching that it was obvious to prepare a chewing gum tablet from a
chewing gum composition including particles and sweetener. (Answer, pp. 4-5). The
Examiner further asserts that the gum chips and powdered confection have a non-
homogeneous distribution. (Answer, p. 5).
3 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
represented of the rejected claims.
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