Appeal No. 1999-0674
Application No. 08/654,536
being unpatentable over the Rheon brochure in view of the Edhard pamphlets. Reference is
made to the examiner’s answer for a discussion of this rejection.
We will sustain the rejection of the product claims 17, 18, 23 and 24, but not the
rejection of the method claims 1 through 8 and 28.
With regard to the product, independent claim 17 recites that the filled bagel product
comprises an elongated outer surface having two ends, one with an opening and the other being
free of any opening. Claim 23, the only other independent product claim on appeal, recites that
the filled bagel product comprises an outer surface shaped as a toroid and having at least one
opening. Both of the independent product claims recite that the bagel product comprises an
interior that is softer than the outer surface, that a channel extends from the opening in the outer
surface and that a foodstuff fills the channel. Both of the independent product claims also recite
that a border area defining the channel is “in a pushed aside condition caused by displacement
of the softer interior into the border area during formation of the channel.”
The Rheon brochure teaches the concept of inserting a spout of a food dispenser into an
elongated baked bread product to inject foodstuff into a channel in the bread product. The
spout may be inserted into the unsliced bread product to form an opening therein as shown on
the front of the first or cover page of the brochure. Furthermore, in the third photograph down
from the top in the central column of photographs on the backside of the cover page (hereinafter
referred to as the “central photograph”) at least one of the croissants lacks the appearance of
being sliced. In the photograph in the lower right hand corner on the backside of the cover
page of the Rheon brochure, the bread product is broken approximately in half to show that the
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