Ex Parte Achatz et al - Page 9



          Appeal No. 2006-0228                                                                        
          Application No. 10/158,028                                                                  

          specifically mention mints or mint tablets.  Aylward supplies                               
          that deficiency and we conclude that the combined teachings of                              
          the applied references would have rendered the subject matter of                            
          claim 9 on appeal obvious to one of ordinary skill in the art                               
          at the time of appellants’ invention.  Thus, the examiner’s                                 
          rejection of claim 9 under 35 U.S.C. § 103(a) as being                                      
          unpatentable over Omata in view of Mahaffey and Aylward is                                  
          sustained.                                                                                  

          Since each of the § 103 rejections before us on appeal has                                  
          been sustained, it follows that the decision of the examiner is                             
          affirmed.                                                                                   













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