The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte FRED R. WOLF,
GORDON N. MCGREW, and
HENRY T. TYRPIN
__________
Appeal No. 2006-2604
Application No. 10/253,066
__________
ON BRIEF
__________
Before GRIMES, LINCK, and LEBOVITZ, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to a method of making chewing gum containing an
encapsulated cooling agent. The examiner has rejected the claims as obvious. We
have jurisdiction under 35 U.S.C. § 134. We affirm.
Background
“[F]or a cool and refreshing taste, cooling flavors such as encapsulated menthol
and/or mint flavors are added to chewing gum.” Specification, page 5. “However, the
improved flavor impact of adding cooling flavors to the chewing gum is somewhat offset
by the disadvantage of the bitter, harsh, burning sensations associated with high
concentrations of such flavors.” Id.
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