Ex Parte Domingues - Page 2

                Appeal 2006-0891                                                                              
                Application 10/224,886                                                                        

                                             INTRODUCTION                                                     
                      The claims are directed to methods of incorporating encapsulated                        
                chemical leavening agents into dough ingredients.  According to Appellant’s                   
                Specification, the chemical leavening agents are designed to react to produce                 
                a gas that leavens dough during baking (Specification 1:22-2:3).  However,                    
                sometimes these agents react prematurely causing premature gas release and                    
                premature dough expansion during storage of the dough (Specification 2:4-                     
                10).  One technique known in the art for minimizing premature dough                           
                leavening is to encapsulate the chemical leavening agents (Specification                      
                2:11-18).  But, according to the Specification, the encapsulated chemical                     
                leavening agents have been found to be sensitive to shear (Specification                      
                3:19-20).  Shear can cause breaking or other damage, thereby exposing the                     
                chemical leavening agents to the bulk dough composition and creating the                      
                possibility of premature leavening during storage (Specification 3: 12-28).                   
                According to Appellant, conventional dough forming methods use processes                      
                such as high speed (high shear) mixing to incorporate an encapsulated                         
                chemical leavening agent into dough ingredients or dough compositions                         
                without appreciating or accounting for the damage that can occur to the                       
                encapsulated particles (Specification 3:29 to 4:7).  Appellant limits the                     
                breakage and damage by limiting the exposure of the encapsulated particles                    
                to high shear, high speed mixing or by using only low shear mixing                            
                (Specification 5).  The Specification states that “‘[h]igh speed’ mixing                      
                generally refers to the use of standard bowl-type mixer with reciprocating,                   
                rotating, or spinning ‘beater’ or other mechanically impinging utensils that                  
                reciprocate or rotate at speeds in excess of 36 revolutions per minute (rpm).”                


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