Appeal 2006-2358
Application 09/817,573
BACKGROUND
Appellants’ invention relates to a method of producing a wafer
product containing a food product using at least two wafer sheets. Claim 1,
as presented in the Brief, appears below:
1. A method of producing a wafer product, which comprises:
outputting a first wafer sheet with a sugar content of at least 23% or
an equivalent content of a sugar substitute from a baking oven;
applying a layer of a food product to the first wafer sheet;
providing a second wafer sheet with a sugar content of at least 23% or
an equivalent content of a sugar substitute, and placing the second wafer
sheet on the first wafer sheet; and
subsequently compressing the first and second wafer sheets and
shaping the first and second wafer sheets containing the layer of the food
product while the first and second wafer sheets are maintained in a warm
state sufficient to have an elasticity enabling said first and second wafer
sheets to be shaped.
The Examiner relies on the following references in rejecting the
appealed subject matter:
Wolf US 2,888,887 Jun. 2, 1959
Haas, Sr.2 US 4,518,617 May 21, 1985
Biggs US 5,709,898 Jan. 20, 1998
The Examiner has entered the following grounds of rejection:
Claims 1-3 and 5-6 stand rejected under 35 U.S.C. § 103(a) as
obvious over Wolf and Biggs.
Claim 4 stands rejected under 35 U.S.C. § 103(a) over the combined
teachings of Wolf, Biggs, and Haas.
2 Hereinafter referred to as “Haas.”
2
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