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. 2Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007