Appeal 2007-0726
Application 10/264,561
starch is mentioned as a preferred pregelatinized starch. (Lanner,
col. 6, ll. 15-28).
4. Lanner does not specifically disclose the use of an unmodified
pregelatinized waxy starch or a raw potato starch in the dry
mixture (Lanner in its entirety).
5. The dry mixture of Lanner may further contain seasoning,
flavoring, leavening agents, and other additives such as other fine
particulates that can adhere to the edible cores during the coating
process (Lanner, col. 6, ll. 24-28).
6. Raw potato starch and unmodified pregelatinized waxy starch were
known ingredients for use in dry flour/starch-based mixtures for
food coatings (Appellants’ admission, Reply Br. 5; Chino, col. 2,
ll. 19-22, Example 5; Mochizuki, col. 1, ll. 24-34 and col. 2, ll. 16-
40).
7. Chino provides several examples of useful flours and starches for
use in a dry mixture including cereal flours such as wheat flour and
rice flour and such starches as alpha waxy maize starch, or corn
starch (Chino, col. 2, ll. 19-22; Example 5).
8. Chino also recognizes that wheat flour and raw potato starch are
non-expandable and that the ratio of non-expandable flours or
starches to expandable flours or starches determines whether
leavening agent is required (Chino, col. 2, ll. 26-42). “Potato
starch” as used by Chino refers to potato starch in its raw form
based upon the specific terminology used in the art (Answer 8). If
the starch is modified, it is labeled “modified” and if the starch is
cooked, it is labeled “pregelatinized.” (id.).
5
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