Ex Parte McCutchan - Page 17



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

               snack piece, the snack piece to be measured is placed                  
               in an orientation that will yield the largest possible                 
               projected area.  [Emphasis added.]                                     
      5   The expression “space efficiency” is defined as the ratio of the            
          total net weight (net wt.) of the product contained within the              
          kit, to the total exterior kit or package volume (ext. vol.).               
          (Specification at 1, lines 25-28; FF13.)                                    
               The subject specification describes problems with some                 
     10   prior art products as follows (specification at 2, lines 1-13;              
          FF14):                                                                      
                    Snack food pieces, such as potato chips (or                       
               “crisps”) or tortilla chips, and dip-condiments                        
               (hereinafter “dips”), such as chip dips or salsa, have                 
     15        individually been available for years and consumers                    
               enjoy them together as a combination food item.                        
               However, the majority of snack chip packages and dip                   
               packages are sold separately.  This individual                         
               retailing of the snack chips separate from the dip                     
     20        creates several problems.  First, the majority of                      
               snack piece packaging, i.e., bags already have low                     
               space efficiency and package density.  Second, due to                  
               the packaging of the snack pieces and the dip in                       
               separate packages, the space efficiency and bulk                       
     25        density of snack pieces and dip as a food combination                  
               is even lower.  Third, once purchased, the user must                   
               carry, secure and store two separate items when they                   
               transport the chips and dip to a remote location for                   
               eventual consumption.  And, Finally [sic], generally                   
     30        these packages randomly pack the snack chips within                    
               the package and thus permit chip breakage, which is                    
               less conducive to dipping.  Therefore, this food                       
               combination is not optimal as a portable food item.                    


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