Appeal No. 1998-1893
Application 08/088,125
moisture from the foodstuff and, if needed, water lightly misted
onto the foodstuff and/or the base shape (col. 4, lines 31-34
and 58-59; col. 5, lines 39-42; col. 6, lines 34-39; col. 8,
lines 9-20). The base shape has a thickness of 0.002" to 0.050"
or more (col. 4, line 65 - col. 5, line 3). Macpherson states
that “the present invention eliminates the need to die cut, trim
or otherwise cut or size a preexisting, free standing sheet of
edible material since a screen printing device is used to screen
cast the base shape directly into its final two dimensional form
from fluid base shape material, right onto the release paper, all
in one step” (col. 2, lines 16-21). Macpherson does not set
forth the scope of the term “base shape material” but, rather,
provides three nonlimiting examples (col. 3, lines 4-8; col. 6,
line 47 - col. 8, line 3). In each of the examples the base
shape material contains sugar and a large amount of cake flour
and cold water swelling corn starch.
The examiner argues (answer, page 7): “Certainly,
Macpherson’s film at the minimum includes constituents which can
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007