Appeal No. 2004-1794
Application No. 09/626,039 Page 5
and crispening of the adjacent food surface but should also not
substantially impede the ability of microwave energy to penetrate
into the food item being cooked.” See column 5, lines 10-32 of
Fisher. The drapable product of Fisher is disclosed as being a
browning or crisping enhancement item for foods in contact with
and surrounded by the composite material wrap during microwave
heating thereof. See column 2, lines 46-62 of Fisher.
The examiner has determined that Singh discloses browning
liquid pyrolysis products, including Maillose caramel coloring
from Arrow Products Company, that contain some HAA. Similarly,
the examiner turns to Shoop for disclosing substitute egg wash
compositions that include HAA for imparting a brown color to
dough based foodstuffs. However, both of those latter patents
teach that the compositions disclosed therein are directly
applied as a coating to the food to be browned. Also, neither of
those latter patents teaches that HAA is a microwave susceptor
material that absorbs the electric or magnetic field components
of microwave energy as is required for the susceptor coating of
Fisher. Moreover, the examiner has not established that the HAA
of Singh or Shoop would contribute as an aroma or flavor
enhancing agent for foods, especially if not directly coated
thereon. Given the above, the examiner’s position that “[o]ne
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