Ex Parte Wolf et al - Page 11


             Appeal No. 2006-2604                                                            Page 11                
             Application No. 10/253,066                                                                             

             when the gum is chewed.  “Physical modifications of the sweetener by encapsulation                     
             with another substrate may not only slow its release . . . but may also reduce or                      
             eliminate the degradation of Alitame.”  Id.  Thus, the references considered as a whole                
             provide ample motivation to encapsulate a high potency sweetener, such as Alitame,                     
             together with an acyclic carboxamide.  The rejection of claim 11 is affirmed.                          
                                                     Summary                                                        
                    The cited references, considered as a whole, would have suggested the methods                   
             defined by claims 1, 2, 11, and 18.  We therefore affirm the rejection of these claims.                
             The remaining claims on appeal fall with claims 1 and 2.                                               


                    No time period for taking any subsequent action in connection with this appeal                  
             may be extended under 37 CFR § 1.136(a).                                                               


                                                    AFFIRMED                                                        



                                  Eric Grimes    )                                                                  
                                  Administrative Patent Judge )                                                     
                                                                    )                                               
                                                                    )                                               
                                                                    ) BOARD OF PATENT                               
                                  Nancy J. Linck   )                                                                
                                  Administrative Patent Judge )   APPEALS AND                                       
                                                                    )                                               
                                                                    ) INTERFERENCES                                 
                                                                    )                                               
                                  Richard M. Lebovitz   )                                                           
                                  Administrative Patent Judge )                                                     
             EG/jlb                                                                                                 





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