Appeal No. 1996-0249 Page 6
Application No. 08/076,709
The condiment-laden core is afforded a measure of:
protection (by the dry coating thereon) against
deterioration caused by exposure to the atmosphere;
control for release of the condiment into a foodstuff or
the like in which it is compounded, the surface coating
dissolving to release the condiment at a desired, rather
than at an accidental juncture; prevention of undesired
interaction between condiment and its surrounding
materials in a food, drug, or cosmetic; and prevention of
the condiment coloring and/or flavoring ingredient to
bleach, run, dilute or evaporate....
The amount of such protection is dependent upon
the specific-coating material chosen, the coating
thickness, and the completeness of the coating on
the condiment core.
In light of the above and a fair reading of the full
disclosure of Johnson, it is our view that Johnson prefers the
use of a meltable lipoidal material in the core (columns 3 and
4, and the Example at columns 7 and 8) and teaches selecting
the coating (shell) material from among those listed at
columns 3 and 4, including the edible resins such as
methylcellulose and hydroxypropylmethylcellulose, depending on
the surrounding environment and the amount of protection
desired to prevent
interaction with surrounding food materials, dilution and
evaporation of the coating. While Johnson illustrates the use
of a shellac resin as the coating in the sole example
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