Appeal No. 1997-1294
Application No. 08/524,763
Claims 1 through 31 stand rejected under 35 U.S.C. § 103
as unpatentable over the disclosure of U.S. Patent 4,260,637
issued to Rispoli et al. on April 7, 1981 (hereinafter
referred to as “Rispoli”).2
We reverse.
The claimed subject matter is directed to “[a] breading
crumb product for application to a food substrate, comprising,
before application to the substrate, a breading crumb having
incorporated therein about 1 to 10 wt% of at least one heat-
set protein....” See, e.g., claim 1. According to pages 3
and 4 of the specification, the breading crum having
incorporated therein about 1 to 10 wt% of at least heat set
2The examiner has withdrawn the rejection of claims 1 and
2 under 35 U.S.C. § 102(b) as anticipated by Rispoli. The
examiner also states that “[t]he rejection of claim 27 has
been dropped in view of appellants [sic, appellant’s]
response.” However, it is not clear from the record what, if
any, rejection has been dropped. It does not appear that the
§ 103 rejection of claim 27 over Rispoli has been withdrawn
since the examiner has repeated the § 103 rejection of claims
1 through 31 over Rispoli.
3
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