Appeal No. 2004-1508
Application No. 09/443,559 Page 2
1. A filled food product comprising a food structure and
a flowable filling, wherein the flowable filling is encased and
sealed within a seamless food structure that is continuous and
surrounds the filling, the food structure comprising cooked,
hydrated flour and a moisture content between about 20 percent
by weight and about 60 percent by weight.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
James et al. (James) 1,597,979 Aug. 31, 1926
Heim DE 195 24 209 Feb. 01, 1998
(German Patent Publication)
Claims 1-11 and 33-37 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Heim. Claims 1-11 and
33-37 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over James.
OPINION
We reverse the examiner’s § 103(a) rejection over Heim and
affirm the examiner’s § 103(a) rejection over James. Our
reasoning follows.
Rejection over Heim
All of the claims on appeal require that the product
foodstuff includes a filling “encased and sealed within a
seamless food structure that is continuous and surrounds the
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