Appeal 2007-1610
Application 10/955,833
of the reaction” (Lazier, at col. 3, ll. 38-39). Since water is an ingestible
vehicle, we conclude that its presence is enough to provide reasonable basis
for considering Lazier’s composition to be the same as the composition of
claim 7. Appellants had the opportunity to provide evidence that Lazier’s
synthetic method would not result in an ingestible composition as required
by claim 7, but no evidence was offered in rebuttal. Accordingly, we affirm
the rejection.
TIME PERIOD
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED
Ssc
RICHARD R. MUCCINO
758 SPRINGFIELD AVENUE
SUMMIT, NJ 07901
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