Appeal No. 2007-0172
Application No. 10/461,361
ever did the particular thing upon which the applicant asserts
his right to a patent.
(Answer 5.)
We conclude that claim 1 would have been prima facie obvious over
the references applied by the Examiner. Ultimate Cake describes a sponge
cake having three sponge layers. (Ultimate Cake 65.) The bottom two
layers are sprinkled with kirsch-flavored syrup to form syrup-soaked layers.
(Id.) Between the bottom two sponge layers is a filling comprising whipped
cream and strawberries and between the top two sponge layers is a filling
comprising whipped cream and raspberries. (Id.) Ultimate Cake also
describes a stock syrup that can be used for flavored syrups in layer cakes.
(Id. at 153.) Ultimate Cake describes adding various flavors to the syrup,
including kirsch, other liqueurs, rum and citrus, and coffee. (Id.) Ultimate
Cake also describes caramel syrup for use in cakes. (Id.)
Bake Me describes “an Arabic opera cake, a variation on the
traditional chocolate opera cake.” Bake Me indicates that the “traditional
version consists of three layers of sponge, soaked in rich syrup and layered
with two types of cream filling,” the layers representing “the different acts in
the operatic performance.” The “Arabic version incorporates many of the
spices and flavours of the Middle East, such as saffron, Moroccan mint tea,
Iranian spiced orange tea, Omani rose petal tea, rose water and pistachio
nuts.” Bake Me also describes other “variations of the traditional opera
cake, including a lemon grass and coconut creation . . . and a peppermint and
chocolate version.”
As noted above, Bake Me specifically describes an opera cake
including lemon grass and coconut flavors. Based on the teachings in Bake
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