Appeal 2007-1390
Application 10/842,392
AFFIRM the sole ground of rejection in this appeal essentially for the
reasons stated in the Answer, as well as those reasons set forth below.1
OPINION
We determine the following factual findings from the record in this
appeal:
(1) Morano discloses an edible, bakable filling with low Aw that can
be used for making multi-layered food compositions where the
outer layers are a bakery dough, and the co-extruded or co-
laminated product has a long shelf life (Abstract; col. 1, ll. 13-14,
27-29, and 45-47; col. 4, ll. 6-13);
(2) Morano teaches that the edible filling composition includes a
hydrophilic liquid phase, an edible solids phase, and small
amounts of a fat/oil phase, including an example to a low-fat,
cheese-flavored filling (col. 3, ll. 44-51; col. 4, ll. 25-27; col. 10,
ll. 30-42 and 51-52; col. 11, ll. 15-18; and col. 12, ll. 8-10);
(3) Morano teaches that the edible filling is “particularly useful” in the
production of filled bakery products such as crackers, and the
method of preparation involves filling or otherwise combining an
uncooked dough with the thermostable filling and then cooking
the combination (col. 3, ll. 52-55; and col. 3, l. 67-col. 4, l. 3);
(4) Thulin discloses a method of continuously forming individual
product pieces having a filler therein, where a first flat dough sheet
is provided, a natural/artificial filler is periodically deposited on
this first sheet, then the first sheet with filler is enclosed by a
1 We note that we have also considered related US Patents Nos. 6,863,911;
6,905,719; and 6,905,720 (see the Specification, ¶ [0001]).
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