Ex Parte Murty et al - Page 3



          Appeal No. 2006-0825                                                        
          Application No. 10/253,333                                                  

          etc., as an anti-stick material for foods such as dough and                 
          cheese.  Matz exemplifies the use of flour as an anti-sticking              
          agent for dough that is refrigerated.  Matz is silent with                  
          respect to the particle size of the anti-sticking flour.  Reddy,            
          on the other hand, uses flour as an anti-caking (anti-sticking)             
          agent for chunked, diced and shredded cheese, and teaches that              
          flour having a particle size within the claimed range improves              
          the functionality of the anti-caking agent.                                 
               In our view, based on the Matz disclosure alone, it would              
          have been prima facie obvious for one of ordinary skill in the              
          art to use an edible powder such as flour as an anti-stick                  
          material for frozen dough.  While, as urged by appellants, there            
          is a physical distinction between the surfaces of frozen and                
          refrigerated dough, it is the presence of the flour particles on            
          the surface of the dough, be it refrigerated or frozen, which               
          interrupts contact between the dough surfaces.  Accordingly, we             
          are persuaded that one of ordinary skill in the art would have              
          reasonably expected that the flour which serves as an anti-                 
          sticking agent for a refrigerated dough would also perform the              
          same function for frozen dough.  Furthermore, and not                       
          insignificantly, appellants’ specification acknowledges that it             

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