The opinion in support of the decision being entered
today was not written for publication and is not binding
precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
Ex parte ARTI BEDI
and ELIZABETH F. BURGESS
______________
Appeal No. 2005-1598
Application 10/103,162
_______________
ON BRIEF
_______________
Before WARREN, OWENS and GAUDETTE, Administrative Patent Judges.
WARREN, Administrative Patent Judge.
Decision on Appeal
This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally
rejecting claims 37, 39, 41 through 67 and 69, all of the claims in the application.
Claims 37, 43, 53, 64 and 67 illustrate appellants’ invention of a packaged food product
comprising a frozen dough or batter food product and a packaged topping composition, wherein
the latter, at the stated conditions, is sufficiently fluid to allow the food product to be dipped into
the topping and the topping adheres to the food product, and are representative of the claims on
appeal:1
37. A packaged food product comprising, in combination:
1 We have copied these claims as they stand of record in the amendment of February 24, 2003,
including the term “glycerine.” We use the customary spelling “glycerin” in our opinion.
“Glycerin” is synonymic with “glycerol.” See, e.g., The Condensed Chemical Dictionary 502
(10th ed., Gessner G. Hawley, ed., New York, Van Nostrand Reinhold Company, 1981).
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