Appeal No. 2007-0172
Application No. 10/461,361
flavor [being] different from the first flavor.” (Specification 2-3.) In
addition, the specification states that the cake preferably “further comprises
at least one filling portion that has a third flavor that is also different from
the first and second flavors.” (Id. at 3.) The specification also describes
various combinations of flavors that may be included in the cake. (Id. at
3-4.)
DISCUSSION
1. CLAIMS
Claims 1 and 3-20 are pending and on appeal. The claims have been
argued in several groups. We will focus on one claim from each group –
claims 1, 3, 4, 7, 11, and 15, which are representative. Claims 19 and 20
stand or fall with claim 1. Claims 5 and 6 stand or fall with claim 4. Claims
8-10 stand or fall with claim 7. Claims 12-14 stand or fall with claim 11.
Claims 16-18 stand or fall with claim 15. 37 C.F.R. § 41.37(c)(i)(vii).
Claims 1, 3, 4, 7, 11, and 15 read as follows:
1. A multi-flavored dessert cake comprising a plurality of
sponge cake portions, each sponge cake portion capable of
absorbing a flavored syrup, wherein 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 flavor being different from the first
flavor; the cake further comprising at least one filling portion
having a third flavor that is different from the first and second
flavors; and wherein the first, second, and third flavors
comprise one of the following flavor combinations:
i) a first flavor combination in which one of the first,
second, and third flavors comprises a lemongrass flavor,
another of the first, second, and third flavors comprises a
mango flavor, and another of the first, second, and third flavors
comprises a caramel flavor;
2
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