Ex parte SPECTOR - Page 2




                Appeal No. 1998-2531                                                                                                     
                Application 08/574,279                                                                                                   


                produced by a particular process which forms a thin and brittle coating on the raisin.  Claim 1 is                       

                illustrative and reads as follows:                                                                                       

                        1.  A candy-coated raisin having "al dente" characteristics comprising a chewy, fat-free raisin                  
                formed from a dried grape having a fleshy interior containing natural sugar, minerals and vitamins, and a                
                candy coating including sweetening agents formed on the exterior of the raisin and adhering thereto                      
                which is substantially fat free, the coating being thin and brittle whereby when the coated raisin is                    
                masticated, the coating is crunched into small particles which intermingle with the flesh of the raisin to               
                impart a crunchy sensation to the eating experience, said candy-coated raisin being produced by                          
                depositing raisins to be coated and a heated liquid sweetening agent and dry ingredients which compose                   
                the coating in a spinnable panning pot, and spinning the pot until the liquid cools and hardens to form a                
                thin, brittle and uniform solid candy coating on said raisin, said coating having a polishing agent applied              
                to its surface to impart a shine thereto.                                                                                

                        The references relied upon by the examiner are:                                                                  

                Daum et al. (Daum)                                      3,554,767               Jan.   12, 1971                          
                Brown et al. (Brown)                                    5,558,890               Sept. 24, 1996                           
                                                                                (filed Oct. 27, 1994)                                    

                Bernard W. Minifie (Minifie), "Chocolate, Cocoa and Confectionery: Science and Technology Second                         
                Edition",  pp. 450-51 (Avi Publishing Company, Inc. 1980).                                                               

                        The following rejections are at issue in this appeal:                                                            

                        (1)     Claims 1 and 3 are rejected under 35 U.S.C. § 103 as being unpatentable over Daum                        

                in view of Minifie.                                                                                                      

                        (2)     Claims 4 and 5 are rejected under 35 U.S.C. § 103 as being unpatentable over Daum                        

                in view of Minifie as applied to claims 1 and 3, and further in view of Brown.                                           


                examiner.  See Answer, p. 2.                                                                                             
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