Appeal No. 2004-2014
Application 09/874,672
APPEALED SUBJECT MATTER
The appellants have grouped the claims on appeal as
follows:
Group I: Claims 1, 3-10, 16 and 17;
Group II: Claims 2, 19 and 20; and
Group III: Claims 11-15 and 18.
Therefore, for purposes of this appeal, we select claims 1, 2
and 11 from all the claims on appeal and decide the propriety of
the examiner’s rejection below based on these claims alone
consistent with 37 CFR § 1.192(c)(7)(2003). See also In re
McDaniel, 293 F.3d 1379, 1384, 63 USPQ2d 1462, 1465-66 (Fed.
Cir. 2002). Claims 1, 2 and 11 are reproduced below:
1. A ready-for-use frozen sweet dough and which is prepared
from flour, sugar, a leavening agent in an amount from up to
about 3% by weight and a fat, with the dough being in a sheet or
block form having a generally rectangular configuration, a
thickness and a surface which includes an imprint comprising
intersecting grooves, score lines, or combinations thereof, which
imprint defines pieces of the dough to be broken off and baked,
wherein the grooves, score lines, or combinations thereof each
have a width of from about 0.5% to about 50% of the thickness of
the dough sheet or block and a depth of about 3% to about 95% of
the thickness of the dough sheet or block.
2. The sweet dough of claim 1, wherein the groove, score
line, or combination thereof has a depth of from about 5% to
about 75% of the thickness of the sheet or block and a width of
from about 1% to 35% of the thickness of the sheet or block.
2
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