Appeal No. 2006-0930
Application No. 09/905,540
FF28.) Zimmerman expressly states that snack chips and fluid
condiments are “a very popular snack combination.” (¶0010 at 1;
FF25.)
The examiner found that the packed volumetric bulk density
5 as described in Zimmerman is the same characteristic as “space
efficiency” as described in the subject specification (page 1,
lines 25-28). (Answer at 7; FF26.) The appellant did not rely
on any evidence to challenge the examiner’s finding with respect
to the identity of Zimmerman’s packed volumetric bulk density
10 and “space efficiency” as described in the subject
specification. (FF27.)
Additionally, Zimmerman teaches that three-dimensional,
triangular-shaped snack pieces are most preferred as dipping
chips. (¶0047 at 5; FF29.) Zimmerman further teaches that
15 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 about 110 mm.
(¶0048 at 5; FF30.) The examiner found that Zimmerman’s
preferred triangular-shaped chips having a length of 110 mm and
20 a width of 110 mm described would have a calculated projected
area of about 6000 mm2. (Answer at 4; FF31.) The appellant did
lid 5. (See English language translation, abstract.)
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