Appeal No. 2006-0930
Application No. 09/905,540
30. Zimmerman further teaches that Figure 2 depicts a
preferred embodiment of such triangular-shaped snack
pieces, wherein the length is from about 40 mm to
about 110 mm and the width is from about 30 mm to
5 about 110 mm. (¶0048 at 5.)
31. The examiner found that the preferred triangular-
shaped chips having a length of 110 mm and a width of
110 mm described in Zimmerman would have a calculated
projected area of about 6000 mm2. (Answer at 4.)
10 32. The appellant did not present any calculations or
other evidence demonstrating that the examiner’s
calculated snack chip projected area is incorrect.
33. The examiner concluded (answer at 4) that a person
having ordinary skill in the art would have found it
15 obvious within the meaning of 35 U.S.C. § 103(a) to
combine Zimmerman with Snack-A-Dip® (Lightly Salted
Tortilla Chips & Salsa) as follows:
It would have been obvious to one of ordinary
skill in the art to incorporate the tub of dip
20 and the lid of Snack-a-Dip into the kit of
Zimmerman et al since both are directed to chip
containers, since the chips of Zimmerman et al
were commonly eaten with dip, since it was
commonly known and practiced to provide a tub of
25 dip within the chip canister as shown by Snack-a-
Dip (see Sample), since the removable lid of
12
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