Ex Parte Song et al - Page 2



            Appeal No. 2006-0357                                                                      
            Application No. 10/743,501                                                                

                  not preblended or pretreated prior to the addition to the                           
                  single continuous mixing apparatus;                                                 
                        providing at least two mixing zones in the mixing                             
                  apparatus;                                                                          
                        producing gum base from the mixing apparatus; and                             
                        mixing the gum base with other ingredients to produce                         
                  chewing gum.                                                                        
                  The examiner relies upon the following references as                                
            evidence of obviousness:                                                                  
            Reggio et al. (Reggio)        4,379,169             Apr.  5, 1983                         
            Naumann                   EP 0 273 809 A2           Jul.  6, 1988                         
            (Published European Patent Office Patent Application)                                     
            Boudy                     FR 2 635 441 A1           Feb. 23, 1990                         
            (Published French Patent Office Patent Application)                                       
                  Appellants’ claimed invention is directed to a process for                          
            making chewing gum comprising using a single continuous mixing                            
            apparatus to perform all the addition and compounding steps                               
            needed to produce the gum base.  The elastomer of the base is                             
            added to the apparatus separate and apart from the plasticizer,                           
            and the elastomer is not preblended or pretreated prior to its                            
            addition.  The mixing apparatus comprises at least two mixing                             
            zones.                                                                                    
                  Appealed claims 1-6, 9-17, 19 and 20 stand rejected under                           
            35 U.S.C. § 103(a) as being unpatentable over Naumann in view of                          
            Reggio.  Claims 7, 8 and 18 stand rejected under 35 U.S.C.                                
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