Appeal No. 2006-3157
Application No. 10/417,608
In claim 21, lines 2-3, amend “a dough surface” to read --an exterior dough
surface--. In claim 21, line 6, amend “a dough surface to read –the exterior dough
surface--. In claim 21, line 7, amend “dough surface” to read --the exterior dough
surface--.
E. Observations
1. Claims 9, 11, 12, 19, and 20
In the final Office action, the examiner rejected claims 9, 11, 12, 19, and 20 under
35 U.S.C. § 112, second paragraph, as being vague and indefinite. See final Office action
mailed March 21, 2005, p. 2. The examiner withdrew the rejection in the Answer but did
not provide an explanation. See Answer, p. 3. A review of these claims on appeal
reveals that the claims may indeed be indefinite.
Claims 9, 11, and 19 recite a dough surface pH in the range from 6 to 8, and
claims 12 and 20 recite a dough surface pH in the range from 6.5 to 7.5. It is unclear
whether the “dough surface” refers to the surface of the interior dough or the exterior
surface of the dough composition.
According to the appellant’s specification, browning occurs at a pH from 6 to 8,
preferably at a pH between 6.5 and 7.5. Specification, p. 3, lines 26-27. If the “dough
surface” in claims 9, 11, 12, 19, and 20 refers to the surface of the interior dough, the
interior dough surface would have a pH that allows the surface to brown during baking.
However, according to claim 1, “the interior dough does not brown normally during
baking if the interior dough is at an exterior surface of the dough composition.”
Similarly, according to claim 16, “the interior dough exhibits a pH during baking that
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