Ex Parte McNeel et al - Page 2

                    Appeal 2007-0364                                                                                                         
                    Application 09/998,661                                                                                                   

                    packaging of the chips in a stacked arrangement (Br. 2).1  Independent claim                                             
                    1 is illustrative of the invention and is reproduced below:                                                              
                             1. A method of making triangular tortilla chips in a manner which                                               
                    facilitates subsequent packaging in a stacked arrangement, said method                                                   
                    comprising:                                                                                                              
                             cutting triangular tortilla chip preforms from a sheet of masa;                                                 
                             enclosing the tortilla chip preforms in molds with a consistent                                                 
                    orientation;                                                                                                             
                             restraining the tortilla chip preforms within said molds while cooking                                          
                    the tortilla chip preforms in a cooking medium, thereby substantially                                                    
                    maintaining the orientation of the tortilla chip preforms while they are being                                           
                    cooked; and then                                                                                                         
                             removing cooked tortilla chips from said molds while substantially                                              
                    maintaining the orientation of the tortilla chip preforms;                                                               
                             wherein said consistent orientation comprises an alternating pattern of                                         
                    tortilla chip preforms with base edges and apex corners of successive tortilla                                           
                    chip preforms within the molds alternating orientation, whereby said tortilla                                            
                    chip preforms can be placed relatively compactly and close together within                                               
                    said molds so as to minimize space therebetween.                                                                         

                             The Examiner has relied upon the following references as evidence of                                            
                    obviousness:                                                                                                             
                    MacKendrick                                US 3,520,248                       Jul. 14, 1970                              
                    Hilton                                            US 4,052,838                       Oct. 11, 1977                       
                    Wisdom                                         US 4,122,198                       Oct. 24, 1978                          
                    Khalsa                                           US 5,298,274                       Mar. 29, 1994                        

                                                                                                                                            
                    1 We refer to and cite from “Appellants’ Substitute Brief on Appeal under                                                
                    37 C.F.R. § 41.37” dated June 9, 2005.                                                                                   
                                                                     2                                                                       

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