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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007