Appeal No. 95-1168
Application 07/951,992
form a tough, plastic, flexible, untempered pastry shortening which is functional over the temperature
range of 50E to 90E F for pastry preparation (col. 3, lines 6-42). The “extrudable shortening mass
can be extruded or ‘filled’ directly into user packages in the form of blocks, sheets or other desired
shape and is ready for immediate use” (col. 3, lines 46-49). According to Kriz, the presence or
absence of water in the shortening is a matter of choice. However, Kriz states that
the pastry shortening can contain 0 to about 15 parts (and usually about 1 to 10 parts)
by weight water per 100 parts of shortening without detracting from functionality.
When water is employed, an emulsifier such as mono- and/or diglycerides is usually
employed to maintain a dispersion between the aqueous and organic phases. [Col. 5,
lines 27-33.]
The Rejections
Claim 11 stands rejected under 35 U.S.C. § 103 as being unpatentable over Petrizzelli. While
the examiner recognizes that Petrizzelli discloses a higher range of starch in the dough than that
recited in the claim on appeal and that Petrizzelli does not teach using starch to replace a portion of
the fat component of the dough, nevertheless, the examiner concludes that “it would have been
obvious to one having ordinary skill in the art at the time the invention was made to vary the amount
of starch if so desired since the starch of Petrizzelli is performing the same function as the starch of
Petrizzelli while providing a reduced fat dough” (final rejection, ¶2, Paper No. 5).
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Last modified: November 3, 2007