Ex Parte SPENCER - Page 2




          Appeal No. 1997-0296                                                        
          Application No. 08/378,086                                                  

               b) saturating the volume of chocolate, precursor                       
               thereof or chocolate-containing product with the                       
               atmosphere to more than 50% volume of full saturation                  
               with said noble gas, and;                                              
               c) maintaining the saturation substantially throughout                 
               the volume of the chocolate, precursor thereof or                      
               chocolate-containing product when the                                  
               chocolate-precursor or chocolate-containing product is                 
               stored in said containing means.                                       
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Bagdigian           2,569,217                Sep. 25, 1951                  
          Chalin                   3,997,680           Dec. 14, 1976                  
          L’Air Liquide (French ‘669)   FR 1,339,669   Sep. 02, 1963                  
          Patent Abstracts of Japan, Vol. 8, No. 30, Feb. 8, 1984, Masad              
          Kawai, “Sterilization of Cocoa Liquor”, abstract group no. C209             
          (Japanese ‘209).                                                            
               Appellant’s claimed invention is directed to a method of               
          improving the aroma or flavor, or both of chocolate or a                    
          precursor thereof.   The method entails injecting an atmosphere             
          of argon, neon, krypton, xenon or mixtures thereof, into                    
          chocolate, or a precursor thereof.  The chocolate or precursor is           
          saturated with the noble gas to more than 50% volume of full                
          saturation.                                                                 













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