Appeal No. 2006-3157
Application No. 10/417,608
4. Claims 27-29
Claim 27 reads as follows:
A refrigerator stable, unproofed chemically leavened 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,
wherein a surface of the dough composition browns normally during
baking, and wherein the composition is packaged in low pressure
packaging.
As discussed above, the examiner explains that Banks discloses a dough
composition having the same structure and containing the same ingredients as claimed.
Since the dough disclosed in Banks is the same as the dough claimed, the examiner
concludes that the dough composition disclosed in Banks is inherently refrigerator stable
and inherently has the same browning characteristics as the claimed dough composition.
See Answer, pp. 4-5.
The appellant argues that Banks does not inherently describe an interior dough
that is refrigerator stable because the basic agent in the claimed dough composition is
highly encapsulated whereas the encapsulated basic agent disclosed in Banks “could have
a relatively low degree of encapsulation.” Similarly, the appellant argues that the dough
composition disclosed in Banks does not inherently have the same browning
characteristics as the claimed dough composition because the encapsulated leaveners
disclosed in Banks “could have a relatively low degree of encapsulation.” See Brief, p.
23; see also Brief, pp. 18-21.6
6 The appellant also argues that Banks does not motivate or suggest a refrigerator stable dough or a dough
having the claimed browning properties. As for the refrigerator stability and the browning properties of the
dough described in Banks, this portion of the rejection is based on inherency, not obviousness. See
(continued . . .)
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