Appeal No. 2006-2604 Page 8
Application No. 10/253,066
The examiner cites Luo and Rowsell for the same disclosures discussed above.
The examiner cites Yatka for its disclosure that “a multi-step encapsulating process is
conventionally used to encapsulate active agents which are added to chewing gum.”
Examiner’s Answer, pages 3-4. The examiner concludes that “it would have been
obvious to use a two-step encapsulation process to encapsulate the carboxamide in
Luo, as modified by Rowsell.” Id., page 3.
We agree with the examiner that the references support a prima facie case of
obviousness. As discussed above, Luo discloses chewing gum containing
encapsulated carboxamides as cooling agents and Rowsell teaches that acyclic
carboxamides are cooling agents like those used in Luo.
Yatka teaches chewing gum containing encapsulated Alitame, a high intensity
sweetener. Yatka teaches that “[a]ny standard technique which gives partial or full
encapsulation of the Alitame sweetener can be used. These techniques include, but
are not limited to, agglomeration, spray drying, fluid-bed coating and coacervation.”
Paragraph bridging pages 6 and 7. Yatka also teaches that “[t]hese encapsulation
techniques . . . can be used individually or in any combination in a single step process
or multiple step process. Generally, improved stability of sweetener is obtained in
multistep processes like spray drying the sweetener and then fluid-bed coating or
agglomeration of the resultant powder.” Id. Yatka states that “[t]he encapsulation
techniques here described are standard coating techniques.” Id., page 7.
Based on these teachings, it would have been obvious to a person of ordinary
skill in the art to encapsulate the acyclic carboxamide taught by Rowsell with two
different encapsulating agents by, for example, spray drying the acyclic carboxamide
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