Appeal 2006-0891
Application 10/224,886
second ingredient mixture (“dry ingredients and liquid ingredients are mixed
until the ingredients are substantially uniformly integrated.”)). In both steps
Kuechle suggests the selection of low speeds under 36 rpm, therefore,
suggests uniformly distributing the ingredients within a dough ingredient
mixture using low speed mixing as claimed.
Appellant argues that the Examiner has misconstrued claim 18
because the Examiner fails to appreciate that claim 18 recites combining
dough ingredients into a dough ingredient mixture, and uniformly
distributing encapsulated chemical leavening agent into the dough ingredient
mixture using a recited low shear method (Br. 22). Appellant appears to
interpret the claims as requiring a step of combining dough ingredients into a
mixture and then subsequently adding encapsulated chemical leavening
agent to that mixture. The claims are not so limited. The combining step
does not exclude the presence of encapsulated leavening agent in the mixture
and the “uniformly distributing” step encompasses the uniform distribution
of encapsulated chemical leavening agent already present in the mixture.
See the discussion of claim 26 above.
Appellant further argues that there is no teaching, motivation, or
suggestion in Kuechle to deviate from the mixing procedure described in the
reference and, instead, uniformly distribute encapsulated chemical leavening
agent into a dough ingredient mixture using one of the low shear methods
recited the claim (Br. 22). As we discussed above, claim 18 is not limited to
subsequent addition of the encapsulated chemical leavening agent, it only
requires uniform distribution and Kuechle teaches or suggests uniform
distribution of the encapsulated chemical leavening agent present in the dry
dough ingredient mixture as well as in the wet dough ingredient mixture.
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