Ex Parte Zimmerman et al - Page 2




               Appeal No. 2006-1027                                                                                                    
               Application No. 09/865,074                                                                                              

                       According to appellants, the invention is directed to a tortilla style snack chip                               
               made from a dough composition without baking before the frying step, where the dough                                    
               composition comprises a precooked starch-based material, a pregelatinized starch, and                                   
               water (Brief, page 2).1  Illustrative independent claim 21 is reproduced below:                                         
                               21. A snack chip, wherein said snack chip is made from a dough                                          
                       composition comprising:                                                                                         
                                                                                                                                      
                                       a. from about 50% to about 80% of a blend comprising:                                           
                                               i. at least about 50% of a precooked       starch-based                                 
                                               material;                                                                               
                                               ii. at least about 0.5% pregelatinized      starch, wherein said                        
                                               pregelatinized      starch is at least about 50%                                        
                                               pregelatinized, and further wherein said      pregelatinized                            
                                               starch has a peak      viscosity of from about 1500 cp to                               
                                               about      4600 cp; a final viscosity of from about      300 cp to                      
                                               about 2700 cp; and a water          absorption index of from                            
                                               about 12 to      about 16; and                                                          
                                       b. from about 30% to about 60% total water.                                                     
                       The examiner has relied on the following references as evidence of obviousness:                                 
               Willard                         4,623,548          Nov. 18, 1986                                                        
               Holm et al. (Holm)              4,994,295          Feb. 19, 1991                                                        
                                                                                                                                      
                       1We refer to and cite from appellants’ “Second Supplemental Appeal Brief” dated                                 
               Feb. 28, 2005.                                                                                                          






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