Appeal 2006-3031
Application 10/299,734
According to Appellants, the invention is directed to a molded item of
frozen confectionary based on water ice comprising a molded center of a
water ice and a wafer protected from moisture by a moisture barrier as an
edible mold that contains the molded center therein (Br. 6). Independent
claim 1 is illustrative of the invention and is reproduced below:
1. A molded item of frozen confectionary based on water ice and
having a soft texture, comprising:
a molded center of a water ice containing 20 to 40% by weight of dry
matter, having a degree of overrun of 20 to 80% and having a texture that is
similar to that of an extruded ice cream, and
a wafer protected from moisture at least on its surface which is in
contact with the water ice center by a moisture barrier, wherein the wafer
constitutes an edible mold that contains the molded center therein.
In addition to co-pending Application No, 10/300,030, the Examiner
has relied on the following references as evidence of obviousness:
Tresser US 4,394,392 Jul. 19, 1983
Huber US 4,826,656 May 02, 1989
Oldroyd (EP ‘475) EP 0 886 475 B1 Dec. 30, 1998
Claims 1-6 and 9-11 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over the combination of Huber and Tresser (Answer 3,
incorporating the rejection as set forth in the Office action dated Aug. 5,
2005). Claims 7 and 8 stand rejected under § 103(a) over Huber and Tresser
further in view of EP ‘475 (id.). Claims 1-8 stand rejected under the
judicially created doctrine of obviousness type double patenting over claims
1-6, 11, and 12 of co-pending Application No. 10/300,030 (id.).
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