Ex Parte Underwood et al - Page 2



          Appeal No. 2004-1794                                                        
          Application No. 09/626,039                                 Page 2           

               provide about 0.05 to about 0.5 mg of                                  
               hydroxyacetaldehyde per square centimeter of substrate                 
               surface to impart a brown color to a foodstuff.                        
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Fisher et al. (Fisher)        4,892,782           Jan. 09, 1990             
          Shoop et al. (Shoop)          5,756,140           May  26, 1998             
          Singh                         5,952,027           Sep. 14, 1999             
          Jay et al. (Jay)              WO 91/03917         Mar. 21, 1991             
          (published International Pat. Appl. No. PCT/GB90/01338)                     
               Claims 1, 7 and 8 stand rejected under 35 U.S.C. § 103(a) as           
          being unpatentable over Fisher in view of Singh and Shoop.                  
          Claims 1 and 7 stand rejected under 35 U.S.C. § 103(a) as being             
          unpatentable over Jay in view of Shoop.  Claim 8 stands rejected            
          under 35 U.S.C. § 103(a) as being unpatentable over Jay in view             
          of Shoop and Fisher.  Claims 18, 19 and 9 stand rejected under              
          35 U.S.C. § 103(a) as being unpatentable over Jay in view of                
          Shoop.  We refer to the briefs and to the answer for the opposing           
          viewpoints expressed by appellants and the examiner concerning              
          the above-noted rejections.                                                 
               Upon careful review of the entire record including the                 
          respective positions advanced by appellants and the examiner, we            
          find ourselves in agreement with appellants insofar as the                  






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