Appeal No. 2006-0930
Application No. 09/905,540
Nevertheless, the specification acknowledges (specification at
2, lines 27-28; FF15): “Various executions of packages
containing snack pieces with dips in a unitary package or kit
are known.”
5 With this understanding of the appellant’s invention, we
turn to the examiner’s rejection. We first address the prior
art status of the Snack-A-Dip® (Lightly Salted Tortilla Chips &
Salsa) sample. The relied upon Snack-A-Dip® (Lightly Salted
Tortilla Chips & Salsa) sample is a product of France. (FF16.)
10 Regardless of whether it is available as prior art under 35
U.S.C. § 102, the examiner found that the commercial products
identified in Table 1, which includes Snack-A-Dip® (Lightly
Salted Tortilla Chips & Salsa), of the specification (page 6)
constitute admitted prior art (January 7, 2005 Office action at
15 2; FF16). The appellant did not dispute the examiner’s
determination of the admitted prior art status of Snack-A-Dip®
(Lightly Salted Tortilla Chips & Salsa) and, in fact,
affirmatively stated that the commercial products identified in
Table 1 of the specification, including Snack-A-Dip® (Lightly
20 Salted Tortilla Chips & Salsa), are considered to be prior art
to the appellant. (Supplemental appeal brief at 7; FF17.) We
therefore conclude that the examiner’s reliance on this product
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