Appeal No. 1997-0219
Application No. 08/254,457
The references relied on by the examiner are:
Egli et al. (Egli) 4,235,934 Nov. 25, 1980
Baker et al. (Baker) 4,837,035 Jun. 06, 1989
Meiji Milk Products Co., Ltd. JP 64-16553 Jan. 20, 1989
(Japanese Kokai JP 64-16553)
The issue presented for review is whether the examiner erred in rejecting all of the
appealed claims under 35 U.S.C. § 103 as unpatentable over Japanese Kokai No. 64-
16553 in view of Egli and Baker.
On consideration of the record, we reverse the examiner's rejection.
DISCUSSION
The appealed claims relate to (1) a method of making a multicolored yogurt product
exhibiting resistance to color migration and intermixing of color; and (2) a multicolored
refrigerated yogurt product having a plurality of regions of distinct colors.
The method claims (1 through 6, 8 through 15, 17 through 21) require forming a first
horizontally extending yogurt phase at a temperature of 35° to 45° F and a viscosity of
about 15,000 to 30,000 cps and, thereafter, adding a second horizontally extending
yogurt phase also at a temperature of 35° to 45° F and a viscosity of about
15,000 to 30,000 cps "in direct physical contact" with the first phase to form a yogurt
2
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007