Ex Parte McCutchan - Page 20



          Appeal No. 2006-0930                                                        
          Application No. 09/905,540                                                  
          dip-condiment tub attached to the container.4  (FF21.)  According           
          to the appellant (Table 1 of the specification at 6; FF22),                 
          Snack-A-Dip® (Lightly Salted Tortilla Chips & Salsa) has a snack            
          piece average projected area of 1060 mm2 and a space efficiency             
      5   of 0.134 g/cm3.                                                             
               Zimmerman, the other prior art evidence, is identified in              
          the appellant’s specification as describing “[a]n optimized                 
          design of a curved snack piece to accomplish high packed                    
          densities of a plurality of curved snack pieces...” in                      
     10   accordance with the claimed invention.  (Specification at 14,               
          lines 14-25; FF23.)  Specifically, Zimmerman describes a                    
          packaged container filled with overlapping snack pieces placed              
          therein, wherein the packed volumetric bulk density is greater              
          than about 10 x 10-5 g/mm3 to about 35 x 10-5 g/mm3 (about 0.1              
     15   g/cm3 to about 0.35 g/cm3).  (¶0018 at 2; claim 14 at 10; FF24.)            
          Zimmerman teaches that snack pieces having the disclosed                    
          structural and geometric shapes in a nested arrangement                     
          (relative to prior art products in which the chips are randomly             
          packed) provide increased bulk density as well as allow                     
     20   efficient dipping of condiment during use.  (¶¶0002-0021 at 1-2;            
                                                                                     
               4  French Patent No. 9912098 expressly teaches that the cell           
          or tub 3 is attached or linked to the container 2 by means of               
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