Appeal 2007-1685
Application 10/106,402
For the reasons discussed below, we answer this question in the
negative.
RELEVANT FINDINGS OF FACT
1) AAPA discloses a process of making dog chews which
includes the steps of subjecting rawhide to a defatting and
depilation treatment; splitting the rawhide into a plurality of
layers of rawhide material; and shaping, drying, dyeing and
flavoring the split layers of rawhide to form animal-hide dog
chews. AAPA also discloses shredding the finished-product
hide and mixing with adhesive, mould-pressing and forming,
and drying, dying, and flavoring to produce an adhesive product
dog chew. (Specification 1:20-2:3).
2) AAPA discloses that the process of dyeing and flavoring
consists of using food dyes and flavor essences on the surface
of the finished product. (Specification 2:10-12).
3) Page 1 of Wenzhou includes the following: "Published
02.06.2001" and "Implemented 02.06.2001".
4) Friendog Xie Huaien testified that the Wenzhou document is
a statement of Wenzhou’s Dog-Chewing Bones Manufacturing
Standards (Q/NHH 01-2001). According to Mr. Huaien, the
date which appears on the first page of the Wenzhou document,
i.e., February 6, 2001, is the date on which Wenzhou updated
its manufacturing standards to include the smoking method
developed by Zhu Zhao Chong. Statement of Friendog Xie
Huaien (Feb. 25, 2005).
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