Ex Parte Wicht - Page 2



         Appeal No. 2006-1356                                                       
         Application No. 10/375,826                                                 
              detectable by taste or smell, wherein at least a portion of           
              said treated article and said film are exposed to said                
              beverage so as to capture taint-causing compounds within the          
              beverage.                                                             
              The examiner relies upon the following references in the              
         rejection of the appealed claims:                                          
         Mackie et al. (WO ‘648)       WO 00/64648            Nov. 2, 2000          
         (Published Intell. Prop. Org. Patent Application)                          
         Mackie et al. (WO ‘649)      WO 00/64649             Nov. 2, 2000          
         (Published Intell. Prop. Org. Patent Application)                          
         Capone et al. (Capone), “Absorption of chloroanisoles from wine            
         by corks and by other materials,” Australian Journal of Grape and          
         Wine Research, 5(3), pp. 91-98 (1999).                                     
              Appellant’s claimed invention is directed to a process for            
         preventing taint-causing compounds from entering beverages.  The           
         process entails forming a film on an article, such as a cork or            
         bottle, wherein the film comprises a material, such as                     
         polyethylene, that chemically bonds to the taint-causing                   
         compounds.  Taint-causing compounds within the beverage are                
         captured by the film on the article.                                       
              Appealed calms 1-5, 8-12, 14-16, 19 and 22 stand rejected             
         under 35 U.S.C. § 102(b) as being anticipated by either WO ‘648            
         or WO ‘649.  Claims 6, 7, 13, 17 and 18 stand rejected under 35            
         U.S.C. § 103(a) as being unpatentable over WO ‘648 or WO ‘649.             
         Claims 20 and 21 stand rejected under 35 U.S.C. § 103(a) as being          
         unpatentable over WO ‘648 or WO ‘649 in view of Capone.                    

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