Appeal No. 2006-2809 Page 2
Application No. 10/867,713
or are separated from one another (closed cells), those cells being formed by air
bubbles in the food.” Menzi,1 col. 1, lines 9-15. The specification states that “the
viscosity of the obtained mousse . . . may range from a firm mousse to a foamy slurry.”
Pages 3-4.
The specification defines “powdered mousse mix” as “a powdered food mix
suitable for the instant reconstitution of a mousse by simple contacting with a liquid and
gentle stirring.” Page 3. The specification states that “gentle stirring” means “that after
contacting with a liquid, the obtained mixture is simply stirred and intimately mixed
thanks to a soft, slow, continuous and uniform movement.” Id.
The specification describes “a powdered mousse mix comprising a source of
carbohydrate, a source of protein, a source of fat and particles of a gas generating
ingredient.” Page 2. The particles of gas generating ingredient comprise “a matrix
containing carbohydrate and protein and entrapped gas under pressure, . . . the gas
being present in an amount to release at least 1 ml of gas per gram of gas generating
ingredient at ambient conditions upon contacting with a liquid.” Id. The specification
also describes a method for reconstituting a mousse by “gently and shortly” stirring the
powdered mousse mix with a liquid. Pages 2-3.
Discussion
1. Claim construction
Claims 1-25 are pending and on appeal. We will focus on claims 1 and 24, which
are representative and read as follows:
1 Menzi et al., U.S. Patent No. 4,244,982, issued January 13, 1981.
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