Appeal No. 2006-0276
Application 10/144,463
We cannot find “Coulson” in the official electronic records of the USPTO and, indeed,
while said final rejection has a PTO-892 attachment, this form was not electronically captured.
However, it reasonably seems to us from the examiner’s explanation of the applicability of
“Coulson” to claim 21 as it stood of record as of the final rejection mailed January 15, 2004, that
this reference would equally apply to appealed claim 21 as we have interpreted this claim above.
Accordingly, we suggest that any further prosecution of appealed claims 21 through 25
before the examiner subsequent to the disposition of this appeal include consideration of the
issue of the applicability of “Coulson” thereto under the provisions of 35 U.S.C. §§ 102(b) and
103(a), and the application of any other reference which would have disclosed to one of ordinary
skill in the culinary arts a “breadstick” having any manner of “randomly-disposed bread
projections,” that is, a bumpy surface.
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