Ex parte GREENWAY - Page 4




                 Appeal No. 95-4411                                                                                                                     
                 Application No. 08/125,504                                                                                                             


                          The references of record relied upon by the examiner are:                                                                     
                 Foerstner                                                      4,190,756                                    Feb.                       
                 26, 1980                                                                                                                               
                 Yuan et al.  (Yuan)                                            4,283,425                                    Aug.                       
                 11, 1981                                                                                                                               

                          The appealed claims stand rejected under 35 U.S.C. § 103                                                                      
                 over Yuan.  Additionally, claims 5 and 15 stand rejected under                                                                         
                 35 U.S.C. § 103 over Yuan in view of Foerstner.                                                                                        
                          We do not sustain the stated rejections.                                                                                      
                          The subject matter on appeal comprises a process for                                                                          
                 preparing potato chips having no fat and no added globular                                                                             
                 protein coating.  Appellant’s process involves preparing                                                                               
                 thinly sliced (about 1 to about 3 millimeters), raw potatoes,                                                                          
                 and then cooking them in a microwave oven for a time                                                                                   
                 sufficient to produce a chip having substantially  the same                             3                                              
                 flavor, color and                                                                                                                      
                 crispness as a deep fat fried potato slice.  No added fat and                                                                          
                 no added globular protein is used in the claimed process.  In                                                                          


                          3The flavor, texture, and appearance of the chip should                                                                       
                 be at least as good as for existing potato chips, and the                                                                              
                 taste of the chip is said to be “essentially” equivalent to                                                                            
                 that of conventional deep fat fried potato chips.  See the                                                                             
                 specification at page 5, lines 5-8 and page 6, lines 6-13.                                                                             
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