Ex Parte McCutchan - Page 3



          Appeal No. 2006-0930                                                        
          Application No. 09/905,540                                                  

          Zimmerman and the appellant’s admitted prior art in the form of             
          Snack-A-Dip® (Lightly Salted Tortilla Chips & Salsa).  (Answer at           
          4.)                                                                         
               For the reasons discussed below, we affirm.                            
      5                                                                               
                                  Findings of Fact1                                   
               We make the following findings of fact.                                
               1. On January 14, 2004, the examiner entered a final                   
                    Office action rejecting claims 1, 3, 5, 6, and 17                 
     10             through 20 on multiple grounds.  (January 14, 2004                
                    final Office action at 2-4.)                                      
               2. The appellant appealed the rejections set forth in the              
                    final Office action.  (Appeal brief filed on October              
                    19, 2004.)                                                        
     15        3. In an Office action dated January 7, 2005, the                      
                    examiner reopened prosecution and entered four new                
                    separate grounds of rejection.  (January 7, 2005                  
                    Office action at 3-7.)                                            



                                                                                     
               1  In the “Discussion” section below, we number our findings           
          of fact as “FF__.”                                                          
                                          3                                           



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