Ex parte PAULUCCI - Page 3




          Appeal No. 1997-2960                                                        
          Application 08/368,897                                                      


                                    THE REJECTION                                     
               Claims 1-4 stand rejected under 35 U.S.C. § 103 as being               
          unpatentable over Bliley in view of Mattson.                                
                                       OPINION                                        
               We have carefully considered all of the arguments                      
          advanced by appellant and the examiner and agree with                       
          appellant that the aforementioned rejection is not well                     
          founded.  Accordingly, we reverse this rejection.                           
               Bliley discloses a process for preparing a precooked                   
          frozen food package where the food includes a starchy food and              
          a condiment or sauce (col. 1, lines 15-21).  In this process,               
          “the starchy food and the condiment or sauce portion are                    
          separately prepared and cooked.  The sauce portion is then                  
          placed in a hermetically sealable package and it is frozen.                 
          After the sauce portion is frozen, the starchy food is                      
          superposed on the frozen sauce so as to fill the package.  The              
          entire package may then be frozen and hermetically sealed”                  
          (col. 2, lines 13-19).                                                      
               The examiner relies upon only the “Background of the                   
          Invention” section of Mattson (answer, page 7).  This section               


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