Ex Parte Domingues - Page 4


                       Appeal No. 2006-3157                                                                                                                  
                       Application No. 10/417,608                                                                                                            

                       best prevent exposing the basic agent to the dough composition and prevent premature                                                  
                       leavening of the dough product.  Specification, p. 2, line 3-p. 3, line 2.                                                            
                                The appellant is said to have unexpectedly found that if encapsulation of the basic                                          
                       chemical leavening agent is too complete and durable, when used in combination with a                                                 
                       slightly soluble non-encapsulated acidic chemical leavening agent, the surface of the                                                 
                       dough composition does not brown well during baking.  Specification, p. 3, lines 3-6.                                                 
                       According to the appellant, inhibition of browning results from a reduced pH at the                                                   
                       dough surface which is caused by some amount of non-encapsulated acidic agent                                                         
                       dissolving in the dough during refrigerated storage.  Since the basic agent is                                                        
                       encapsulated, it is not available to neutralize the dissolved acidic agent and a reduced                                              
                       dough pH results.  Specification, p. 3, lines 7-20.                                                                                   
                                In sum, while encapsulated basic chemical leavening agents beneficially provide a                                            
                       highly stable dough composition, they can have the unintended consequence of allowing                                                 
                       dough pH to fall which can hinder and prevent normal browning at the surface of the                                                   
                       dough.  Specification, p. 4, lines 22-26.                                                                                             
                                                                   The appellant’s invention                                                                 
                                Dough compositions according to the appellant’s invention include a dough                                                    
                       composition (referred to as “interior” dough) that is relatively stable during refrigerated                                           
                       storage.  The interior dough includes an encapsulated basic chemical leavening agent that                                             
                       prevents the basic agent from becoming prematurely dissolved in the dough.                                                            
                       Specification, p. 5, lines 1-5.  Basic chemical leavening agents include sodium                                                       
                       bicarbonate.  Specification, p. 12, lines 13-15.  The interior dough also includes a non-                                             
                       encapsulated acidic chemical agent that dissolves in the dough to some degree during                                                  

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