Appeal No. 1997-0376
Application No. 08/199,104
The subject matter on appeal relates to a mousse product
containing pieces of sterilized chocolate comprised of, by
weight, from 50% to 70% fats, from 30% to 50% cocoa powder and
from 1% to 10% sugar. This appealed subject matter is
adequately illustrated by representative independent claim 18
which reads as follows:
18. In a mousse product wherein a mousse contains pieces
of chocolate dispersed therein, the improvements comprising
the pieces of chocolate being sterilized pieces of chocolate
comprised of, by weight, from 50% to 70% fats, from 30% to 50%
cocoa powder and from 1% to 10% sugar and being contained in
the mousse in an amount of between 2% and 10% by weight.
The prior art relied upon by the examiner is set forth
below:
Kleinert 3,769,030 Oct. 30,
1973
Japanese Kokai 59-196028 Nov. 7,
1984
(referred to hereinafter as Japanese reference)
Appellants' own admission, specification, page 1.
All of the claims on appeal stand rejected under 35
U.S.C. § 103 as being unpatentable over the appellants'
admission taken with Kleinert and the Japanese reference.1
1On the record before us, particularly the footnote on
page 5 of the appellants' communication filed April 17, 1995
(Paper No. 8), we consider the examiner's reliance upon the
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