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for publication and is not binding precedent of the Board.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 WILLIAM M. McCARRICK
__________
Appeal 2007-0172
Application 10/461,361
Technology Center 1700
__________
ON BRIEF
__________
Before ADAMS, GRIMES, and LINCK, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 involving claims to a multi-
flavored dessert cake. The Examiner has rejected the claims as obvious. We
have jurisdiction under 35 U.S.C. § 6(b). We affirm-in-part.
BACKGROUND
The specification describes “a multi-flavored dessert cake comprising
a plurality of sponge cake portions. . . . At least one sponge cake portion is
soaked with a syrup having a first flavor . . ., and at least one other sponge
cake portion is soaked with a syrup having a second flavor,” the “second
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