Appeal 2006-3314
Application 09/761,322
INTRODUCTION
The claims are directed to a novelty cookie product. Claims 1, 4, and
8 are illustrative:
1. A novelty cookie product comprising a base cake having a three-
dimensional image thereon and a layer of confection covering at least a
portion of the image, thereby forming a latent image that can be revealed by
removing at least a portion of the confection.
4. A cookie product according to claim 1 wherein the image on the
base cake is formed by rotary molding to have a pattern of lands and
recesses such that the confection, when partially removed at least partially
fills in the recesses while it is removed from a portion of the image to make
the image visible to a consumer.
8. A method of making a novelty cookie product comprising baking a
base cake having a three-dimensional image thereon and applying thereto,
over the image, a layer of confection to cover at least a portion of the image,
thereby forming a latent image that can be revealed by removing at least a
portion of the confection.
The Examiner relies on the following prior art references to show
unpatentability:
Persson AUS 224485 Feb. 26, 1959
Pappas US 5,534,281 Jul. 9, 1996
Blaschke US 6,312,743 B1 Nov. 6, 2001
The rejections as presented by the Examiner are as follows:
1. Claims 1-3, 5-9, and 11-13 are rejected under 35 U.S.C. § 103(a)
as unpatentable over Persson and Blaschke.
2. Claims 4 and 10 are rejected under 35 U.S.C. § 103(a) as
unpatentable over Persson in view of Blaschke and further in view of
Pappas.
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