Ex parte SPENCER - Page 2




          Appeal No. 1997-0151                                                        
          Application 08/169,542                                                      



          heating of baked goods.  Claim 40 is illustrative and reads as              
          follows:                                                                    


               40.  A method of increasing a rate of a browning reaction              
          in food during heating thereof to produce a baked good, which               
          comprises heating said food under an atmosphere consisting                  
          essentially of argon, neon, krypton or xenon or a mixture                   
          thereof at a pressure of up to about 3 atm.                                 


                                   THE REFERENCES                                     
          Segall                           3,677,024         Jul. 18,                 
          1972                                                                        
          Strobel et al. (Strobel)         4,971,813         Nov. 20,                 
          1990                                                                        
          McKenna et al. (McKenna)         5,021,251         Jun.  4,                 
          1991                                                                        

                                   THE REJECTIONS                                     
               Claims 23, 25, 31-33 and 36-40 stand rejected under                    
          35 U.S.C. § 103 over appellant’s admitted prior art taken                   
          together with Segall, and also over McKenna taken together                  
          with Strobel, appellant’s admitted prior art and Segall.                    
          Claim 36 stands rejected under 35 U.S.C. § 112, second                      
          paragraph, as being  indefinite for failing to particularly                 
          point out and distinctly claim the subject matter which                     

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