Ex parte BAKSHI et al. - Page 4




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


               The references relied upon by the examiner as evidence of              
          obviousness are:                                                            
          Richardson et al. (Richardson)     2,302,574           Nov. 17,             
          1942                                                                        
          Dzurik et al. (Dzurik)             3,619,207           Nov.  9,             
          1971                                                                        
          Avera                              4,728,526           Mar.  1,             
          1988                                                                        
          Yokoyama et al. (Yokoyama)         4,814,195           Mar. 21,             
          1989                                                                        
          Mange et al. (Mange)               4,839,193           Jun. 13,             
          1989                                                                        
          Wong et al. (Wong)                 5,079,027           Jan.  7,             
          1992                                                                        

               According to the Examiner's Answer, claims 1 through 11,               
          13 through 17, and 32 through 42 are rejected under 35 U.S.C.               
          § 103 as being unpatentable over Mange in view of Dzurik,                   
          Avera and Richardson and further in view of Wong, and claim 12              
          is correspondingly rejected over these references and further               
          in view of Yokoyama.                                                        
               We will not sustain either of the above noted rejections.              
               All of the claims on appeal require mixing the                         
          combination of from about 30% to about 75% of a nut paste and               
          from about 15% to about 45% of one or more water-soluble, non-              
          fat dry solid, by passing it through an extruder mixer and                  
          then homogenizing the mixture under a pressure of at least                  
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