Appeal 2007-1371
Application 10/326,103
Susan Taylor, “Stuffed, Stir-Fried, Fiery, or Fermented Around the World
With Classic Cabbage,” Record (Northern New Jersey), April 17, 1996,
at f03
Dr. Simeon Margolis, “What Diet is Better -- Low Carbohydrate or Low
Fat?,” Baltimore Morning Sun, February 4, 1997, at 4E
Food Safety Information Bulletin 101, Ministry of Agriculture Fisheries and
Food 8-10 (October 1998)
Kathleen Purvis, “Gray Area: Call Us Flakes in the Millennium,” Charlotte
Observer, December 8, 1999, at 1E
Appellant’s claimed invention is directed to a food bar snack which
approximates a conventional meal, such as appetizer, main-course, and
dessert. The Examiner has interpreted the appealed claims to define “a food
bar whose basic ingredients do not contain the actual food or course, which
is intended to be simulated” (Answer 6). For example, the bar snack would
not contain actual lamb but would be a cereal-based product that “would be
provided with a flavor recognizable as a lamb flavor” (id.).
Appealed claims 15-17 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over the collective teachings of Deane, Snyder, Kelly,
Mech, Durst, Klatz, Schafer, De Bruyn, Pflaumer ‘938, Gabby,
Pflaumer ‘484, Young, Evenson, Jones, Kaufman, Record (Northern New
Jersey, 8/21/95 and 4/17/96), Buffalo News, Boston Globe 5/5/82 and
8/4/94, Battista, Lapré, Charlotte Observer, Rocky Mountain News,
Baltimore Morning Sun, and Food Safety Information Bulletin. The
Examiner uses Deane, Snyder, and Kelly as the “primary” reference in three
separate analyses.
4
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: September 9, 2013