Appeal No. 2006-0070 Παγε 3
Application No. 10/024,631
d) causing an individual in need of the medicament to chew
the product.
38. A coated chewing gum product with absorption
acceleration of caffeine, comprising;
a) a chewing gum center comprising a gum base, a flavor, and
a bulking/sweetening agent;
b) a chewing gum coating comprising caffeine and a polyol
selected from the group consisting of sorbitol and xylitol; and
c) a bicarbonate salt incorporated into the chewing gum
center, the coating, or both.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Hill 5,380,530 Jan. 10, 1995
Andersen et al. (Andersen) 5,487,902 Jan. 30, 1996
Gudas et al. (Gudas) WO 98/23165 Jun. 4, 1998
(Published International Patent Application)
Claims 1 through 22, 25 through 27, 30 through 34 and 37
stand rejected under 35 U.S.C. § 102(b) as anticipated by the
disclosure of Hill. See the Office action dated July 29, 2004,
page 2 and the Answer, page 3. Claims 28, 29, 35, 36 and 38
stand rejected under 35 U.S.C. § 103(a) as unpatentable over the
combined disclosures of Hill, Andersen and Gudas. See the Office
action dated July 29, 2004, pages 3 and 4 and the Answer, page 3.
OPINION
For the reasons set forth below, we reverse the examiner’s
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