Appeal No. 2005-1598
Application 10/103,162
from about 1 to 15 weight percent glycerine as water activity reducing agent.
67. A method of preparing a food product, the method comprising
providing a packaged food product comprising
a frozen dough or batter food product; and
a topping composition which if exposed to room temperature for a time taken to
warm the frozen food product is sufficiently fluid that the topping composition can be applied to
the food product by dipping the food product in the topping composition;
warming the food product; and
applying the topping to the food product by dipping the warmed food product into the
fluid, whereby fluid topping adheres to the food product; and
wherein the topping composition comprises:
from about 12 to about 20 weight percent fat;
from about 30 to about 60 weight percent flavoring;
from about 9 to about 22 weight percent water; and
from about 2 to about 30 weight percent high fructose corn sweetener; and
from about 1 to 15 weight percent glycerine
wherein the topping is contained in a package of a size and shape that allows the food
product to be dipped into the topping in the package.
The references relied on by the examiner are:
Ludder et al. (Ludder) 3,442,435 May 6, 1969
Scherwitz et al. (Scherwitz) 4,379,176 Apr. 5, 1983
Thota et al. (Thota) 6,203,828 Mar. 20, 2001
(filed Dec. 3, 1999)
The examiner has rejected appealed claims 37, 39, 41 through 48, 51 through 67 and 69
under 35 U.S.C. § 103(a) as being unpatentable over Scherwitz in view of Ludder (answer, pages
4-6), and appealed claims 48 and 50 under 35 U.S.C. § 103(a) as being unpatentable over
Scherwitz in view of Ludder as applied to claims 37, 39, 41 through 48, 51 through 67 and 69,
further in view of Thota (answer, page 6).2
Appellants group the claims as claims 37, 39 and 41 through 52, claims 53 through 63,
claims 64 through 66, and claims 67 and 69, stating that the claims in each group stand or fall
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