Appeal No. 1999-2494
Application No. 08/404,676
2. Claims 24 and 25 stand rejected under 35 U.S.C. § 103 as
unpatentable over Perry in view of Domingues and further in view
of Gysler, Errass and Richardson.
3. Claim 28 stands rejected under 35 U.S.C. § 103 as
unpatentable over Perry in view of Domingues and further in view
of Gysler, Errass and Reizaburo.
4. Claim 29 stands rejected under 35 U.S.C. § 103 as
unpatentable over Perry in view of Domingues and further in view
Gysler, Errass, Lorber and Umina.
We reverse as to all four grounds of rejection.
Background
The invention relates to the combination of a dough product
based on a low temperature inactive (LTI) leavened yeast and a
closed packaging system containing the dough product. Claim 22;
Appeal Brief, Paper No. 26, received December 11, 1998, page 2,
paragraph 5. The packaging system comprises a housing which is
essentially impervious to oxygen and valve means to allow exit of
gas generated by the living yeast. Claim 22; specification, page
2, lines 4-10. According to appellant, the dough does not have
to be proofed prior to storage. Specification, page 2, lines 27-
33
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