The opinion in support of the decision being entered today was not written for publication and is
not binding precedent of the Board
UNITED STATES PATENT AND TRADEMARK OFFICE
___________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
___________
Ex parte CHARLES GAMBINO,
MARK KING and
MIKE BAUMAN
____________
Appeal No. 2006-1198
Application No. 10/639,936
_____________
ON BRIEF
_____________
Before PAK, WARREN, and FRANKLIN, Administrative Patent Judges.
FRANKLIN, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the examiner’s final rejection of claims
53 through 73. Claims 54, 60, 64, and 66 are representative of the subject matter on appeal
and are set forth below:
54. A method for forming a baked freezer stable filled waffle comprising the steps of:
a) providing an outer casing material of an uncooked batter having a first water activity
level;
b) providing a fill material having a second water activity level, wherein the second
water activity level is less than the first water activity level;
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