Ex Parte Blaschke et al - Page 4



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


          we affirm the examiner’s rejection.  Our reasons for this                   
          determination follow.                                                       
               Pampas teaches a frozen “Snap to Bake” cookie dough made of,           
          inter alia, flour, sugar, vanilla flavor and baking powder in the           
          form of a block.  Pampas also illustrates a generally rectangular           
          block “Snap to Bake” dough having a thickness and a surface                 
          imprinted with intersecting lines (these lines are continuous,              
          rather than discontinuous lines (notches or score lines)).                  
          According to Pampas, pieces of dough to be baked are snapped from           
          the block (along the lines) before they are baked to produce                
          cookies.                                                                    
               As acknowledged by the examiner (Answer, page 4), Pampas               
          does not disclose score lines (notches) having the dimensions               
          required by claims 1 and 2.  However, from our perspective, one             
          of ordinary skill in the art would have reasonably expected that            
          appropriate imprints, such as score lines (notches), having                 
          appropriate dimensions would have provided the same function as             
          the continuous lines taught in Pampas since they are structurally           
          similar.  As such, we determine that Pampas would have suggested            
          the use of other imprints, such as the score lines having optimum           


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