Appeal 2007-0875
Application 10/774,692
the only claims pending in this application. We have jurisdiction pursuant to
35 U.S.C. §§ 6 and 134.
According to Appellants, the invention is directed to a process for
making a sliced bread product comprising providing a bread slice with a
crust portion, toasting the bread slice, compressing the toasted bread slice to
about 40 to 60% of its original thickness, where the bread crust portion is
cracked and the bread slice returns to at least 90% of its original thickness
when the compression is removed (Br. 7). Independent claim 11 is
illustrative of the invention and is reproduced below:
11. A process for making a sliced bread product comprising
providing a bread slice with a crust portion, toasting the bread slice, and
compressing the toasted bread slice effective to crack the crust portion
without permanently and substantially flattening the bread slice, wherein the
compressing without permanently and substantially flattening the toasted
bread slice comprises compressing the toasted bread slice having an original
thickness to a reduced thickness of about 40 to about 60% of the original
thickness while compression is being applied so that the bread crust portion
is cracked and the bread slice returns to at least 90% of the original thickness
after the step of compressing.
The Examiner has relied upon the following reference as evidence of
obviousness:
Ohmura US 5,846,585 Dec. 8, 1998
ISSUES ON APPEAL
Claims 11-20, 22-29, and 31-33 stand rejected under 35 U.S.C.
§ 103(a) as unpatentable over Ohmura (Answer 4).
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