Appeal No. 2004-2014
Application 09/874,672
dimensions recited in claims 1 and 2, in lieu of the continuous
lines, with a reasonable expectation of successfully breaking the
frozen dough of the type described in Pampas.
In any event, as is apparent from Moline, score (broken)
lines having appropriate dimensions are known to perform the same
function as the unbroken lines taught in Pampas. See column 1,
lines 30-35 and column 2, lines 35-40. Thus, we concur with the
examiner that one of ordinary skill in the art would have been
led to use score lines having optimum dimensions, such as those
recited in claims 1 and 2, in the same manner as the continuous
lines provided in the frozen dough of the type described in
Pampas. One of ordinary skill in the art would have had a
reasonable expectation of successfully using those imprints for
the same breaking purpose.
Appellants separately argue that the applied prior art
references do not teach or suggest a frozen dough having at least
two different dough layers as required by claim 11. See the
Brief, pages 11-12. However, the appellants have not challenged
the examiner’s official notice that “it is known in the art to
layer different color dough to make checker board cookies.”
Compare the Answer, page 5, with the Brief and the Reply Brief in
5
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