Appeal No. 2005-1598
Application 10/103,162
such “ingredients are well known in the chemical and food processing arts,” and “can be any . . .
ingredient . . . that . . . is able to reduce the freezing temperature of the topping” (specification,
page 19).
The plain language of claim 53 specifies a method of preparing a food product from a
packaged food product comprising any manner of frozen food product and any manner of
packaged topping composition, wherein the topping composition contains any manner of
ingredients to the extent that the composition is sufficiently fluid after exposure to room
temperature for less than 5 minutes after removal from frozen storage so that the warmed food
product can be dipped to any extent, however small, into such composition and the composition
adheres to any extent, however small, to the food product. The ingredients in the topping
composition are specified in claims 57 and 61, dependent on claim 53, in the same manner as in
claims 43 and 47, respectively.
The plain language of claim 64 specifies a packaged food product comprising any
manner of frozen dough or batter product and a packaged topping composition, wherein the
topping composition contains the specified ingredients within the specified weight percent
ranges, including glycerin as the water-activity reducing agent, to the extent that the composition
is sufficiently fluid after exposure to room temperature for 5 minutes after removal from frozen
storage so that the food product can be dipped to any extent, however small, into such
composition and the composition adheres to any extent, however small, to the food product.
The plain language of claim 67 specifies a method of preparing a food product from a
packaged food product comprising any manner of frozen dough or batter product and any
manner of packaged topping composition, wherein the topping composition contains the
specified ingredients, including glycerin as the water-activity reducing agent, within the
specified weight percent ranges to the extent the composition is sufficiently fluid after exposure
to room temperature for a time taken to warm the frozen food product so that the warmed food
product can be dipped to any extent, however small, into such composition and the composition
adheres to any extent, however small, to the warmed food product, wherein the package
5 The Kittleson declaration was originally filed in application 09/648,702 (see above p. 4) and
was filed in the present application on July 14, 2003, the examiner admitting the declaration in
the Office action mailed July 21, 2003.
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