Appeal 2007-0875
Application 10/774,692
‘browned’ bread slice is browner in color and contains less moisture than
before heat treatment.” Specification 4:28-30. Accordingly, we adopt this
definition as our claim construction for the term “toasting” or “toasted.”
In view of this claim construction, we agree with the Examiner that
“toasting” as recited in the claims on appeal reads on the “baking” taught by
Ohmura as the heat treatment for the food product (Answer 5-6). Ohmura
teaches, as does the prior art, that “semi-baking” does not produce color in
the bread (see factual finding (3) listed above and Ohmura, col. 2, ll. 6-7).
Accordingly, we determine that this teaching would have suggested to one
of ordinary skill in this art that “baking” does produce some amount of
browning or color, thus encompassing the term “toasting” as construed
above.1
We also determine that Ohmura teaches that the bread may be
subjected to the treatment for decreasing its bulk (i.e., compression) after
slicing, thus clearly suggesting to one of ordinary skill in this art that the
compression may be employed on a single slice (see factual finding (4)
listed above). Accordingly, since the compression taught by Ohmura
accomplishes the same reduction in bulk as claimed, we determine that the
same results will occur, namely cracking of the crust portion. Although
1 We note that Appellants claim toasting at a temperature of greater than
475ºC for less than 60 seconds (see claims 15 and 16 on appeal) while
Ohmura exemplifies baking or semi-baking the bread at 150-250ºC for 5-30
minutes (col. 6, ll. 39-42). Although we note that these “toasting”
conditions are only “one particular embodiment” of Appellants’ process
(Specification 3:6-10), we agree with the Examiner that the temperatures and
times taught by Ohmura (302ºF to 482ºF) would certainly be sufficient to at
least produce some browning of the bread and loss of moisture, thus reading
on “toasting” as construed above (Answer 6).
6
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