Appeal No. 1999-0674
Application No. 08/654,536
filled channel extends beyond the mid region of the bread product. The foregoing details, while
being somewhat obscure in the black and white photocopies of the Rheon brochure, are clearly
discernible from the colored printed copy of the brochure in the file wrapper. Like appellant’s
bread product, the bread product disclosed in the Rheon brochure has an interior that is softer
than the crust or outer surface of the bread product.
The photograph in the lower right hand corner on the backside of the cover page shows
that the croissant has an interior channel filled with foodstuff. The presence of such a channel is
also evident from the photograph on the front of the cover page of the Rheon brochure due to
the penetration of the filling spout. However, as discussed
infra, the particular manner in which the channel is formed relates to the method of making the
bread product and thus is not germane to the patentability of the product itself.
The Edhard pamphlets disclose food dispensing machines of the type having a spout
adapted to be inserted into a baked food product (e.g., an éclair or a donut as disclosed on the
second page of the pamphlet entitled “Volumetric metering systems, etc.”) for injecting foodstuff
into the food product similar to the Rheon food dispenser.
Admittedly, the Edhard pamphlets lack an express teaching of filling a bagel product,
and the bread product disclosed in the Rheon brochure is a croissant product rather than a
bagel product. However, since the provision of bagel dough instead of other bread dough is not
stated in appellant’s specification to solve any particular problem or to have any unexpected
result, the selection of one type of bread dough over the other would have been an obvious
matter of choice. Therefore, the recitation of a bagel product does not serve to patentably
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