Appeal No. 2006-1027
Application No. 09/865,074
According to appellants, the invention is directed to a tortilla style snack chip
made from a dough composition without baking before the frying step, where the dough
composition comprises a precooked starch-based material, a pregelatinized starch, and
water (Brief, page 2).1 Illustrative independent claim 21 is reproduced below:
21. A snack chip, wherein said snack chip is made from a dough
composition comprising:
a. from about 50% to about 80% of a blend comprising:
i. at least about 50% of a precooked starch-based
material;
ii. at least about 0.5% pregelatinized starch, wherein said
pregelatinized starch is at least about 50%
pregelatinized, and further wherein said pregelatinized
starch has a peak viscosity of from about 1500 cp to
about 4600 cp; a final viscosity of from about 300 cp to
about 2700 cp; and a water absorption index of from
about 12 to about 16; and
b. from about 30% to about 60% total water.
The examiner has relied on the following references as evidence of obviousness:
Willard 4,623,548 Nov. 18, 1986
Holm et al. (Holm) 4,994,295 Feb. 19, 1991
1We refer to and cite from appellants’ “Second Supplemental Appeal Brief” dated
Feb. 28, 2005.
2
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