Ex parte DARAVINGAS et al. - Page 8




                Appeal No. 1997-0219                                                                                                     
                Application No. 08/254,457                                                                                               


                                J.   charging a second quantity of the second yogurt phase to the                                        
                                container 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 colored                                   
                                yogurt to form a yogurt product having discrete unmixed separately                                       
                                colored yogurt phases; and,                                                                              
                                        wherein the difference in viscosity between yogurt phases is                                     
                                less than about 3,000 cps                                                                                
                                        wherein the first and second phases are disposed in the                                          
                                container in the form of vertically arranged horizontally extending                                      
                                layers; and                                                                                              
                                K.   maintaining the yogurt product at refrigerated temperatures.                                        
                        22.   A multicolored refrigerated yogurt product having a plurality of regions                                   
                        of distinct colors, comprising:                                                                                  
                                A.   a substantially opaque container;                                                                   
                                B.   a first yogurt phase disposed within the container having a first                                   
                                color, said first yogurt phase comprising a stirred style yogurt in the                                  
                                form of a horizontally extending first layer including sufficient amounts                                
                                of a yogurt thickener to provide the first yogurt phase with a viscosity                                 
                                upon being disposed therein ranging from about 15,000 to 30,000                                          
                                cps at a temperature of about 41°F + 3.6°;                                                               
                                C.   a second yogurt phase disposed within the container in direct                                       
                                physical contact with the first yogurt phase, said second yogurt phase                                   
                                being in the form of a second overlying horizontally extending layer                                     
                                having a second color distinct from the first color comprising a stirred                                 
                                style yogurt including sufficient amounts of a yogurt thickener to                                       
                                provide the second yogurt phase with a viscosity upon being                                              
                                disposed therein ranging from about 15,000 to 30,000 cps at a                                            
                                temperature of about 41°F +  3.6; and                                                                    
                                        wherein the difference in viscosity between the first and                                        
                                second phase is <3,000 cps.                                                                              

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