Ex parte BERNACCHI et al. - Page 5




          Appeal No. 1997-1294                                                        
          Application No. 08/524,763                                                  


               content of claim 6 is seen to be within that expected for              
               a dried storage stable food product.  Sodium caseinate of              
               claim 7 is indicated in example 1 as a protein source.                 
               Also the protein is applied to the surface of the bread                
               crumbs as set forth in claim 12.                                       
          The examples referred to by the examiner show protein                       
          materials, such as sodium caseinate and/or egg white solids,                
          being combined                                                              
          with bread crumbs in a rotating coating kettle.  This coating               




          method is materially different from those methods which are                 
          said to be useful for incorporating heat-set proteins into the              
          bread crumbs.  Compare Rispoli, examples 1 and 3, with                      
          specification, pages 3 and 4.  On this record, the examiner                 
          has not proffered any evidence that mixing a protein material,              
          such as sodium caseinate and/or egg white solide, with bread                
          crumbs in a rotating coating kettle, necessarily or inherently              
          results in bread crumbs having at least about one percent of                
          the protein material incorporated therein.  Nor has the                     
          examiner supplied a suggestion to incorporate the claimed                   
          amount of a heat set protein material into the bread crumbs of              


                                          5                                           





Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007