Ex Parte Domingues - Page 5


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

                       refrigerated storage and reduces pH of the dough composition.  Specification, p. 5, lines                                             
                       5-7.  Acidic chemical leavening agents include sodium acid pyrophosphate and sodium                                                   
                       aluminum phosphate.  Specification, p. 10, lines 3-8.  The resulting dough is refrigerator                                            
                       stable but has a reduced pH that can prevent normal browning during baking.                                                           
                       Specification, p. 5, lines 9-14.                                                                                                      
                                The invention further includes a dough surface that is formulated to brown                                                   
                       normally during baking, e.g., a “browning” surface.  Specification, p. 5, lines 19-26.  This                                          
                       surface may be a basic agent, such as sodium bicarbonate, applied to the surface of the                                               
                       interior dough.  Specification, p. 17, lines 18-24.  The surface may also be another dough                                            
                       composition which includes a chemical leavening system containing non-encapsulated                                                    
                       acidic chemical leavening agent and non-encapsulated basic agent.  Specification, p. 18,                                              
                       line 26-p. 19, line 7.                                                                                                                
                                According to the appellant, the inventive composition can be used to prepare any                                             
                       type of dough composition.  Specification, p. 25, lines 17-18.                                                                        
                                                                               Banks                                                                         
                                Banks discloses a dough composition comprising heat-activated fat-encapsulated                                               
                       leavening agents such as encapsulated sodium bicarbonate.  Banks at col. 4, lines 10-13.                                              
                       The dough composition may also contain a chemical leavening acid such as sodium acid                                                  
                       pyrophosphates and sodium aluminum phosphates.  Banks at col. 5, lines 31-41.  Banks                                                  
                       discloses that the dough may be wrapped in another dough composition containing a                                                     
                       conventional leavening system such as baking powder.  Banks at col. 9, lines 28-31 and                                                
                       col. 11, lines 11-49.  Banks specifically discloses that the dough composition may be                                                 
                       used to make cookies.  See, e.g., Banks at col. 9, lines 41-53.                                                                       

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