Ex Parte Howard et al - Page 6

                 Appeal 2007-0875                                                                                      
                 Application 10/774,692                                                                                
                 ‘browned’ bread slice is browner in color and contains less moisture than                             
                 before heat treatment.”  Specification 4:28-30.  Accordingly, we adopt this                           
                 definition as our claim construction for the term “toasting” or “toasted.”                            
                        In view of this claim construction, we agree with the Examiner that                            
                 “toasting” as recited in the claims on appeal reads on the “baking” taught by                         
                 Ohmura as the heat treatment for the food product (Answer 5-6).  Ohmura                               
                 teaches, as does the prior art, that “semi-baking” does not produce color in                          
                 the bread (see factual finding (3) listed above and Ohmura, col. 2, ll. 6-7).                         
                 Accordingly, we determine that this teaching would have suggested to one                              
                 of ordinary skill in this art that “baking” does produce some amount of                               
                 browning or color, thus encompassing the term “toasting” as construed                                 
                 above.1                                                                                               
                        We also determine that Ohmura teaches that the bread may be                                    
                 subjected to the treatment for decreasing its bulk (i.e., compression) after                          
                 slicing, thus clearly suggesting to one of ordinary skill in this art that the                        
                 compression may be employed on a single slice (see factual finding (4)                                
                 listed above).  Accordingly, since the compression taught by Ohmura                                   
                 accomplishes the same reduction in bulk as claimed, we determine that the                             
                 same results will occur, namely cracking of the crust portion.  Although                              

                                                                                                                      
                 1 We note that Appellants claim toasting at a temperature of greater than                             
                 475ºC for less than 60 seconds (see claims 15 and 16 on appeal) while                                 
                 Ohmura exemplifies baking or semi-baking the bread at 150-250ºC for 5-30                              
                 minutes (col. 6, ll. 39-42).  Although we note that these “toasting”                                  
                 conditions are only “one particular embodiment” of Appellants’ process                                
                 (Specification 3:6-10), we agree with the Examiner that the temperatures and                          
                 times taught by Ohmura (302ºF to 482ºF) would certainly be sufficient to at                           
                 least produce some browning of the bread and loss of moisture, thus reading                           
                 on “toasting” as construed above (Answer 6).                                                          
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