Appeal No. 2006-0442 Page 3
Application No. 10/123,142
2. The breath freshening comestible of claim 1, wherein the modified starch is
maltodextrin.
11. A multiple layer breath freshening film comprising:
a first layer including at least one hydroxypropyl cellulose, at least one
modified starch, at least one surfactant and at least one flavor ingredient; and
at least one other layer including a water-soluble polymer and a second flavor
ingredient.
Thus, claim 1 is directed to a comestible (i.e., an edible composition) comprising a
film, where the film comprises the specified components. The claim language makes
clear that the starch, surfactant, and flavoring are components of the film itself, not
components of the comestible that are separate from the film: the claim requires that the
starch, surfactant, and flavoring be “selected to provide a film that rapidly disintegrates in
water without leaving a noticeable residue.”
Claim 2 adds the limitation that the modified starch is maltodextrin.
Claim 11 is directed to a multi-layer film having, among other things, a first layer
that includes hydroxypropyl cellulose, a modified starch, a surfactant, and a flavoring
ingredient.
2. Obviousness based on Zerbe and Leung
The examiner rejected claims 1, 3, 5-10, 31, 33, and 35-40 under 35 U.S.C. § 103
as obvious in view of Zerbe1 and Leung.2 As the examiner noted, Zerbe teaches a film
that contains a water-soluble polymer, which can be hydroxypropyl cellulose (column 2,
lines 38-41), a surfactant, and a flavoring agent such as a breath-freshener (column 2,
1 Zerbe et al., U.S. Patent 5,948,430, issued September 7, 1999.
2 Leung et al., U.S. Patent 6,596,298, issued July 22, 2003 (application filed September 14, 1999).
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