Appeal No. 2006-2604 Page 2
Application No. 10/253,066
“By adding a[n] acyclic carboxamide to a menthol or mint type flavored chewing
gum, one can obtain a strong cooling and clean minty flavor, without the higher
concentrations of menthol or mint flavors required in the prior art.” Id. “Several U.S.
and foreign references disclose the acyclic carboxamides that are physiological cooling
agents. . . . Some of these disclose the use of physiological cooling agents in chewing
gum. These acyclic carboxamides (AC) include those disclosed in U.S. Patent Nos.
4,296,255; 4,230,688; and 4,153,679.” Id., page 6.
“Physical modifications of the physiological cooling agents by encapsulation with
another substrate will modify their release in chewing gum by modifying the solubility or
dissolution rate. Any standard technique which gives partial or full encapsulation of the
combination of acyclic carboxamide can be used.” Id. “These techniques include . . .
spray drying, spray chilling, fluid-bed coating, and coacervation. . . . Generally, a
modified release of acyclic carboxamide is obtained in multistep processes like spray
drying the acyclic carboxamide and then fluid-bed coating the resultant powder.” Id.
“The acyclic carboxamide can be treated to modify its release by being entrapped in an
extrusion process.” Id., page 10. “The encapsulation techniques here described are
standard coating techniques.” Id., page 7.
Discussion
1. Claim construction
Claims 1, 2, 7-15, and 17-30 are pending and on appeal. Appellants have
presented separate arguments with respect to claims 11 and 18. Appeal Brief, page 10.
Therefore, those claims stand or fall by themselves; all other claims will stand or fall
together with respect to each rejection. 37 CFR § 41.37(c)(1)(vii).
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