Appeal No. 2006-0442 Page 10
Application No. 10/123,142
The examiner has not shown that the teachings of the references or knowledge of
those skilled in the art would have led a skilled worker to expect that maltodextrin would
be useful as a film-forming agent in edible films, or that the skilled worker would have
found it obvious to incorporate a particulate flavor-delivery material in edible films. Since
the examiner has not made out a prima facie case of obviousness, we reverse the
rejection of claims 2, 12, 22, and 32 under 35 U.S.C. § 103.
Summary
The examiner has not adequately explained why the prior art would have
suggested the claimed compositions and therefore we reverse the rejections on appeal.
REVERSED
Donald E. Adams )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Eric Grimes )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Lora M. Green )
Administrative Patent Judge )
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