Ex Parte Blaschke et al - Page 3



          Appeal No. 2004-2014                                                        
          Application 09/874,672                                                      


               11.  The dough product of claim 1 in the form of a block               
          having at least two different dough layers.                                 
                                      PRIOR ART                                       
               The examiner relies on the following prior art references:             
                                                                                     
          Moline                   3,765,909           Oct. 16, 1973                  
          Weber                    5,171,599           Dec. 15, 1992                  
          A cover of Snap to Bake Cookies, Product of Pampas (unknown                 
          publication date)(hereinafter referred to as “Pampas”).1                    
                                                                                     
                                     REJECTION                                        
               Claims 1 through 20 stand rejected under 35 U.S.C. § 103(a)            
          as unpatentable over the combined disclosures of Pampas, Moline             
          and Weber.                                                                  
                                       OPINION                                        
               We have carefully reviewed the claims, specification and               
          prior art, including all of the arguments advanced by both the              
          examiner and the appellants in support of their respective                  
          positions.  This review has led us to conclude that the                     
          examiner’s Section 103 rejection is well founded.  Accordingly,             


          1 The appellants do not argue that Pampas is not available                  
          as “prior art.”                                                             
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