Appeal No. 2004-1794
Application No. 09/626,039 Page 4
greater the concentration, the darker the color.
Furthermore, one would have been substituting one known
caramel coloring for another for the same purpose:
providing a brown color to a food that is cooked in a
microwave oven.
As found by the examiner and noted above, Fisher does not
disclose using HAA containing browning compositions as an
applique for a microwavable substrate surface, let alone in the
amounts claimed for such a purpose. In this regard, Fisher
discloses a composite food wrapping material including a liquid
permeable, fibrous dielectric material substrate that is coated
with one or more susceptor materials. Fisher teaches that the
susceptor materials are substances that are capable of absorbing
the electric or magnetic field components of the microwave energy
to convert that energy to heat. Fisher notes that many such
materials are known, including a variety of metals, certain
naturally occurring microwave susceptive food ingredients or
flavors, such as molasses, honey, maple syrup, caramel, sucrose,
fructose, lactose and glucose and ionically conductive flavoring
agents and other susceptor materials, such as, conductive
polymers. See column 4, lines 3-30 of Fisher. Fisher further
teaches that the quantity of susceptor applied to the substrate
“should be sufficient to rapidly raise the temperature of the
composite material to temperatures which will aid the browning
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