Appeal No. 1997-0151
Application 08/169,542
in a process wherein oxygen is excluded by blanketing the
apparatus with a non-reactive, non-oxidative gas which can be
argon, so as to avoid or reduce oxidation and/or browning
reactions in the mash (col. 5, lines 52-64).
The examiner argues that although neither McKenna nor
Strobel discloses controlling the browning of baked goods, it
is well known to employ browning techniques in baked goods
(answer, page 7). In support of this argument the examiner
relies upon appellant’s acknowledgment (specification, page 1)
that the Maillard reaction is involved in the nonenzymatic
browning of foods during cooking (answer, page 7). The
examiner points out that the applied prior art does not
disclose increasing the rate of the browning reaction, but
argues that it was well known to promote browning reactions
(answer, page 8).
The examiner, however, does not explain why the applied
prior art itself would have led one of ordinary skill in the
art to heat baked goods in an atmosphere which consists
essentially of the noble gases recited in appellant’s claim
40. See In re Rinehart, 531 F.2d 1048, 1051, 189 USPQ 143,
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007