Appeal 2006-0891
Application 10/224,886
(Specification 26:26-30). Claims 1 and 18 are illustrative of the subject
matter of appeal:
1. A method of preparing a chemically leavened dough composition, the
method comprising
combining dough ingredients into a mixture using a mixer and a
method comprising a high speed mixing step, and
uniformly distributing encapsulated chemical leavening agent
particles into the dough ingredients by exposing the encapsulated chemical
leavening agent to no more than 160 seconds of high speed mixing to limit
the amount of damage that occurs to the encapsulated chemical leavening
agent during high speed mixing.
18. A method of preparing a chemically leavened dough composition, the
method comprising
combining dough ingredients into a dough ingredient mixture, and
uniformly distributing encapsulated chemical leavening agent into the
dough ingredient mixture using a low shear method selected from the group
consisting of sheeting, rolling, lapping, folding, kneading, enrobing, low
speed mixing, and combinations thereof.
Claims 1-19 and 21-28 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over US Patent 6,436,458 issued on August 20, 2002 to
Kuechle et al (Kuechle).1
Appellant advances separate arguments under subheadings within the
argument section of the Brief. We select one claim as representative of the
issues on appeal for each of the separately argued groups of claims. Based
on our review of the issues as they apply to the representative claims, we
sustain the rejection of claims 1-13, 16-19, and 21-28. We, however, do not
sustain the rejection of claims 14 and 15. Our reasons follow.
1 Kuechle was effectively filed on March 19, 2000 thereby qualifying as
prior art under 35 U.S.C. § 102(e).
3
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