Appeal No. 2006-2809 Page 8
Application No. 10/867,713
2. New Rejection
Under the provisions of 37 CFR § 41.50(b), we enter the following new ground of
rejection: claims 1 and 24 are rejected under 35 U.S.C. § 102(b) as anticipated by
Bisperink.
Bisperink describes a gas-generating ingredient comprising a carbohydrate and
protein matrix that contains entrapped gas in an amount that can release at least 1 ml of
gas per gram of gas-generating ingredient at ambient conditions upon contact with a
liquid. Abstract. Bisperink describes combining this ingredient with a soluble creamer
base to form a soluble creamer powder. Page 4, lines 3-5. Bisperink discloses that
suitable creamer bases are disclosed in European Patent Applications Nos. 0154192,
0458310, and 0885566. Page 4, lines 7-8. Kuypers5 is a U.S. counterpart of
EP 0154192. As demonstrated in Kuypers, a typical creamer base contains
carbohydrate, protein, and fat. Abstract. Thus, Bisperink describes a powdered
composition comprising carbohydrate, protein, fat, and the gas-generating ingredient.
Bisperink does not identify this powdered composition as a mousse mix. However,
because the soluble creamer powder of Bisperink contains all of the components recited
in claim 1, it appears that this powder would be capable of forming a mousse by being
contacted with a liquid and gently stirred. Specification, page 3. Thus, Bisperink
reasonably appears to disclose a powder that anticipates claim 1.
As discussed above, Bisperink describes adding the gas-generating ingredient to
a powdered food mix containing protein, carbohydrate, and fat. Page 4, lines 3-8.
Bisperink also describes adding the resulting powder to a liquid with gentle stirring to
5 Kuypers, U.S. Patent No. 4,746,527, issued May 24, 1988.
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