Appeal No. 2007-0172
Application No. 10/461,361
and caramel; (ii) mulled wine, rhubarb, and elderflower; (iii) lavender, basil,
and cassis; and (iv) passion fruit, mint, and eucalyptus.
Claim 3 depends from claim 1 and identifies the flavor combination as
lemongrass, mango, and caramel. Claim 4 depends from claim 3 and recites
that the cake also contains pineapple, ginger, pandan, and coconut flavors.
Claim 7 depends from claim 1 and identifies the flavor combination as
mulled wine, rhubarb, and elderflower. Claim 11 depends from claim 1 and
identifies the flavor combination as lavender, basil, and cassis. Claim 15
depends from claim 1 and identifies the flavor combination as passion fruit,
mint, and eucalyptus.
2. OBVIOUSNESS
Claims 1 and 3-20 stand rejected under 35 U.S.C. § 103 as obvious
over Ultimate Cake1 in view of Fresh Ways2 and Bake Me.3 The Examiner
states that:
“Ultimate Cake” disclose[s] a multi-flavored cake. The cake
comprises a plurality of sponge cake portions. The cake
portions are soaked with kirsch-flavored syrup and are filled
with multiple layers of creams, raspberries and strawberries.
The book teaches various variations in making the syrup by
adding different kinds of flavoring such as Cointreau, Grand
Marnier, rum, Tia Maria, Kirs[c]h, orange, lemon, coffee.
(Answer 3.) The Examiner states that Ultimate Cake “does not disclose
syrup having the flavorings and filling having the flavoring as claimed, [or]
1 Barbara Maher, Ultimate Cake 65 & 153 (Debbie Major et al. eds., 1996).
2 Time-Life Books Inc., Fresh Ways with Pastries & Sweets 74-77 (Jason
McManus et al. eds. 1988).
3 Newspaper article (newspaper and author unknown), Bake Me an Opera
Cake, Dubai (2000-2001).
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: September 9, 2013