Appeal No. 2001-1002
Application No. 08/709,963
percent by weight of the composition. This appealed subject
matter is adequately represented by independent claim 17 which
reads as follows:
17. A browning composition in the form of an emulsion
comprising a thickening agent, and a caramel-colored
colorant, wherein the caramel-colored colorant and
thickening agent are present at a weight ratio of between
5:100 and 100:100, and the amount of thickening agent is at
least 2.5 percent by weight of the composition.
The references relied upon by the examiner as evidence of
obviousness are:
Anderson et al. (Anderson) 5,139,800 Aug. 18, 1992
Hsu et al. (Hsu) 5,196,219 Mar. 23, 1993
Owen, Food Chemistry, pp. 630-31 (New York, Marcel Dekker, Inc.,
1985) (hereinafter referred to as the Food Chemistry reference).
Claims 4 and 21-23 are rejected under the first paragraph of
35 U.S.C. § 112 as containing subject matter which was not
described in the originally filed specification in such a way as
to reasonably convey to one skilled in the art that the inventors
had possession of the now claimed invention at the time the
application was filed.
All of the claims on appeal are rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Anderson in view of Hsu and
the Food Chemistry reference.
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