Appeal No. 2006-0930
Application No. 09/905,540
4. The appellant again appealed all four rejections.
(Supplemental appeal brief filed on June 9, 2005 at
3.)
5. In the examiner’s answer mailed August 31, 2005, the
5 examiner withdrew all but one ground of rejection.
(Answer at 3-4.)
6. Thus, the sole issue on appeal is whether, under 35
U.S.C. § 103(a), claims 1, 3, 5, 6, and 17 through 20
are unpatentable over the combination of Zimmerman and
10 the appellant’s admitted prior art in the form of
Snack-A-Dip® (Lightly Salted Tortilla Chips & Salsa).
7. With respect to the sole rejection on appeal, the
appellant argues the appealed claims together as a
group. (Substitute appeal brief at 7-8.)
15 8. Appealed claim 1, which is representative of all the
appealed claims, reads (supplemental appeal brief,
Appendix I):
1. A kit for containing both a plurality of
snack pieces and a dip-condiment, said kit
20 comprising:
a canister;
a plurality of snack pieces contained within
said canister, wherein the snack pieces have an
average projected area ranging from about 1900 mm2
25 to about 10,000 mm2;
a tub attached to said canister; and
4
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