Ex Parte D - Page 4



          Appeal No. 2006-1704                                                        
          Application No. 10/640,544                                                  

          manufacturing products according to specific recipes, and Saucier           
          fails to disclose the claimed “at least one material class that             
          describes one or more components of a recipe” and that “the at              
          least one material class is resolved to determine the actual                
          materials employed to manufacture the recipe.”  Appellant                   
          observes that the recipes disclosed in Saucier identify the                 
          actual ingredients necessary to produce a unique and specific               
          product.  Appellant also asserts that the materials A, B, C, D              
          and E for Product C in Saucier are merely labels for known                  
          specific ingredients and are not classes or members of a class to           
          be resolved to manufacture the recipe [brief, pages 4-7].                   
               The examiner responds that the claimed at least one material           
          class is met by the General Recipe Editor and Ingredients A, B,             
          C, D and E of Saucier.  The examiner asserts that the claimed at            
          least one material class can be read as any material or                     
          ingredients such as materials A-E in Saucier that are part of a             
          recipe.  The examiner notes that material C can be selected in              
          Saucier and the corresponding actual ingredients for material C             
          are displayed which meets the resolving limitation of claim 1               
          [answer, pages 9-10].                                                       


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