Ex Parte Nie et al - Page 2

                 Appeal 2007-2191                                                                                        
                 Application 10/284,553                                                                                  

                                            STATEMENT OF THE CASE                                                        
                        The subject matter on appeal is directed to an extruded starch-based                             
                 long-lasting dog chew (Specification 1, ll. 5-10).  The dog chew is made                                
                 ductile by adding an appropriate amount of a plasticizer (Specification 3, ll.                          
                 1-9).  Further details of the appealed subject matter are recited in                                    
                 representative claims 29, 30, and 4 reproduced below:                                                   

                                29. A hard, ductile, long-lasting dog chew comprising an                                 
                        extruded body having from about 50-80% by weight starch                                          
                        which is 95-100% gelatinized, at least a portion of said starch                                  
                        being retrograded, between about 15-25% by weight plasticizer,                                   
                        between about 6-15% by weight water, and less than 3% by                                         
                        weight fat, said body after extrusion thereof being packaged for                                 
                        a period of 3 weeks in a moisture barrier package so that                                        
                        moisture escapes slowly from the package and promotes                                            
                        retrogradation of said starch.                                                                   
                                30. The chew of claim 29, said body having a length of                                   
                        from 7.4-14.5 cm, a cross-sectional area of from 2.43-3.86 cm 2                                  
                        and a dog chew time of from about 10-25 minutes for dogs                                         
                        having a weight between 19-35 pounds.                                                            
                                4. The chew of claim 29, said plasticizer being selected                                 
                        from the group consisting of glycerin, propylene glycol, and                                     
                        mixtures thereof.                                                                                
                        As evidence of unpatentability of the claimed subject matter, the                                
                 Examiner has relied upon the following references:                                                      
                 Christensen   US 4,284,652   Aug. 18, 1981                                                              
                 Dempsey   UK 2 332 850 A   Jul. 7, 1999                                                                 
                 Axelrod   US 6,110,521   Aug. 29, 2000                                                                  
                 Cheuk   US 6,440,485 B1   Aug. 27, 2002                                                                 
                 Wang    US 6,455,083 B1   Sep. 24, 2002                                                                 
                 Knigge   US 2003/0044492 A1  Mar. 6, 2003                                                               

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