The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte PAUL MIKOTA,
WILLIAM MICHAEL MACINNES,
BIRGIT SIEVERT, and
MARTIN MICHEL
__________
Appeal No. 2006-2809
Application No. 10/867,713
__________
ON BRIEF
__________
Before GRIMES, LINCK, and LEBOVITZ, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to a powdered mousse mix and a method of making
a mousse. The examiner has rejected the claims as obvious. We have jurisdiction
under 35 U.S.C. § 134. We reverse the pending rejections and enter a new ground of
rejection.
Background
A “mousse” can be defined as “a relatively light product (i.e. light in relation to the
food) having a spongy or foam structure and consisting of an aerated food such that it
contains a large number of cells which can communicate with one another (open cells)
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