The opinion in support of the decision being entered today is not binding
precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte DAVID J. DOMINGUES
__________
Appeal No. 2006-3157
Application No. 10/417,608
___________
ON BRIEF
___________
Before HANLON, TORCZON and DELMENDO, Administrative Patent Judges.
HANLON, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of
claims 1-22 and 27-29. Claims 23-26 and 30-33 are also pending. Claims 30-33 are
allowed. See final Office action mailed March 21, 2005, p. 1. Claims 23-26 are objected
to as being dependent upon a rejected base claim. See final Office action mailed March
21, 2005, p. 5.
Claim 1 is representative of the subject matter on appeal and reads as follows:
1. A refrigerator stable, unproofed chemically leavened bread or biscuit
dough composition comprising interior dough comprising encapsulated basic chemical
leavening agent and non-encapsulated acidic chemical leavening agent, wherein the
interior dough does not brown normally during baking if the interior dough is at an
exterior surface of the dough composition, and
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