Appeal No. 1997-0219
Application No. 08/254,457
claims 1 through 6, 8 through 15, 17 through 26, 28, and 29, containing the above-noted
viscosity limitations. Japanese Kokai No. 64-16553 does not disclose or suggest a
method of making a multicolored yogurt product exhibiting resistance to color migration
and intermixing of color by forming a first 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 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. Nor does Japanese Kokai No. 64-16553
disclose or suggest a multicolored refrigerated yogurt product having a plurality of regions
of distinct colors, with a first yogurt phase having a viscosity from about 15,000 to 30,000
cps at a temperature of about 41° F + 3.6°; and a second yogurt phase in direct physical
contact with the first phase having a viscosity from about 15,000 to 30,000 cps at a
temperature of about 41° F + 3.6°.
Simply stated, Japanese Kokai No. 64-16553 would not have led a person having
ordinary skill from "here to there", i.e., from the disclosed method and product having a
relatively low viscosity to the claimed method and product reciting a relatively high viscosity
for each yogurt phase. Nor does Egli or Baker cure this deficiency of Japanese Kokai
No. 64-16553
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