Ex Parte VIDKJAER - Page 2




                   Appeal No. 1999-2494                                                                                                                                   
                   Application No. 08/404,676                                                                                                                             


                   22. The combination of dough product based on a low temperature                                                                                        
                   inactive living yeast which generates gas over time, the dough                                                                                         
                   product containing between 43 and 62% of flour, between 5 and 23%                                                                                      
                   fat, between 0.01 and 1% of a low temperature inactive strain                                                                                          
                   yeast that is essentially inactive at temperatures up to 8-12/C,                                                                                       
                   between 1.0 and 2.5% of sodium chloride or sugar, and between 23                                                                                       
                   and 33% water, and a closed packaging system containing said                                                                                           
                   dough product, said packaging system comprising a housing of a                                                                                         
                   material which is essentially impervious to oxygen, valve means                                                                                        
                   operatively associated with the housing for allowing exit of gas                                                                                       
                   from the housing when the gas pressure exceeds a certain minimum                                                                                       
                   value and which closes when said gas pressure drops below the                                                                                          
                   minimum value to prevent entry of oxygen into the housing, and a                                                                                       
                   substantially oxygen-free gaseous atmosphere surrounding the                                                                                           
                   dough product and additional to any gases generated by said                                                                                            
                   living yeast.                                                                                                                                          
                             The references relied upon by the examiner are:                                                                                              
                   Lorber                                            1,904,741                                         Apr. 18, 1933                                      
                   Richardson et al.                                 4,120,984                                         Oct. 17, 1978                                      
                   (Richardson)                                                                                                                                           
                   Umina                                             4,590,078                                         May  20, 1986                                      
                   Perry et al.                                      5,547,694                                         Aug. 20, 1996                                      
                   (Perry)                                                                                                                                                
                   Errass                                            0 158 590                                         Oct. 16, 1985                                      
                   Gysler et al.                                     EP 158590                                         Jun.  3, 1992                                      
                   (Gysler)                                                                                                                                               
                   Domingues et al.                                  W0 93/01724                                       Feb.  4, 1993                                      
                   (Domingues)                                                                                                                                            
                   Reizaburo                                         JP 5-130825                                       May  28, 1993                                      
                             1. Claims 22, 23, 26 and 27 stand rejected under 35 U.S.C.                                                                                   
                   § 103 as unpatentable over Perry in view of Domingues and further                                                                                      
                   in view of Gysler and Errass.                                                                                                                          





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