Ex Parte McCutchan - Page 25



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

          brief at 8.)  We disagree.  The prior art reference, namely                 
          Zimmerman, provides motivation independent of the disclosure in             
          the appellant’s specification.  Zimmerman’s disclosure is                   
          replete with teachings highlighting the advantages of providing             
      5   the snack chips as described therein.  (¶¶0002-0021 at 1-2.)  It            
          is our judgment that these teachings constitute the motivation,             
          suggestion, or teaching required to support a rejection based on            
          a combination of references within the meaning of 35 U.S.C. §               
          103(a).                                                                     
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                                        Order                                         
               In sum, it is ORDERED that:                                            
               the 35 U.S.C. § 103(a) rejection of claims 1, 3, 5, 6, and             
          17 through 20 as unpatentable over the combined teachings of                
     15   Zimmerman and the appellant’s admitted prior art in the form of             
          Snack-A-Dip® (Salsa) is AFFIRMED.                                           
               The decision of the examiner to reject appealed claims 1,              
          3, 5, 6, and 17 through 20 is AFFIRMED.                                     

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