Ex parte BAKSHI et al. - Page 2




                   Appeal No. 1997-0527                                                                                                                             
                   Application No. 08/380,255                                                                                                                       


                            This is a decision on an appeal from the final rejection                                                                                
                   of claims 1 through 17 and 32 through 42 which are all of the                                                                                    
                   claims remaining in the application.2                                                                                                            
                            The subject matter on appeal relates to a method for                                                                                    
                   making a reduced fat nut butter product comprising the steps                                                                                     
                   of combining from about 30% to about 75% of a nut paste with                                                                                     
                   from about 15% to about 45% of one or more water-soluble, non-                                                                                   
                   fat dry solid, intimately mixing the combination by passing it                                                                                   
                   through an extruder mixer and then homogenizing the mixture.                                                                                     
                   This appealed subject matter is adequately represented by                                                                                        
                   independent claim 1                                                                                                                              
                   which reads as follows:                                                                                                                          


                            1.        A method for making a reduced fat nut butter product                                                                          
                   comprising the steps of:                                                                                                                         
                            (a) combining                                                                                                                           
                                      from about 30% to about 75% of a nut paste,                                                                                   
                                      from about 15% to about 45% of one or more water-                                                                             
                   soluble, non-fat dry solid,                                                                                                                      
                            from about 0% to about 10% of an added edible oil,                                                                                      
                                      from about 0% to about 30% of at least one water-                                                                             
                   insoluble non-fat dry solid, and                                                                                                                 

                            2In claim 11, “the stabilizer” lacks antecedent basis.                                                                                  
                   This informality should be corrected in any further                                                                                              
                   prosecution that may occur.                                                                                                                      
                                                                                 2                                                                                  





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