Ex parte BERNACCHI et al. - Page 4




          Appeal No. 1997-1294                                                        
          Application No. 08/524,763                                                  


          protein is produced as follows:                                             







                    In preparing the breading crumbs, the dry dough-                  
               forming ingredients are first mixed together and powered               
               sodium caseinate or other heat-set protein is                          
               incorporated into the dry mixture, which then is formed                
               into a dough.  Alternatively, an aqueous dispersion of                 
               the heat-set protein may be mixed into the dough.  The                 
               dough then is baked, preferably following dough                        
               stretching as in U.S. Patent No. 4,423,078, and the dough              
               is wet sized to provide wet-sized breading crumbs.  In                 
               yet another alternative approach, an aqueous dispersion                
               of the heat-set protein may be coated onto the surface of              
               previously formed crumbs and drawn into the crumb using a              
               vacuum/tumbling method as discussed below.                             
               As evidence of obviousness of the claimed subject matter               
          under 35 U.S.C. § 103, the examiner relies on the disclosure                
          of Rispoli.  Rispoli discloses a self-sticking breading crumb               
          composition and a method of making the same.  According to the              
          examiner (Answer, page 3),                                                  
               [t]his composition contains 1 to 20% protein which may be              
               whey protein, milk protein, soy isolate, gelatin, egg                  
               albumin or wheat gluten.  At example III gum arabic and                
               egg white solid are mixed with bread crumbs and the                    
               mixture is dried in an oven at less than 200F.  Claim 1                
               does not appear to differ from Rispoli.  The various                   
               crumbs of claim 2 are noted in example 1.  The moisture                
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