Appeal 2007-1528
Application 10/360,991
a) pre-cooked dough comprising flour, water, and corn meal dispersed
within said dough; and
b) a sweet or savory filling comprising a boil out reducing agent,
where said boil out reducing agent comprises bread crumbs having an
average particle size of from about 1 mm to 7 mm, wherein said bread
crumbs reduce boil out of the filling from inside the pre-cooked dough when
the pre-cooked dough is reheated during a microwave heating process.
The Examiner relies upon the following references as evidence of
obviousness:
Lee US 5,059,433 Oct. 22, 1991
Pesheck US 5,576,036 Nov. 19, 1996
Bongiovanni US 5,897,895 Apr. 27, 1999
Hayes-Jacobson US 5,965,186 Oct. 12, 1999
Appellants’ claimed invention is directed to a microwaveable dough
product containing a filling wherein the filling comprises a boil out reducing
agent which keeps the filling from boiling out of the dough product during
microwave heating. The boil out reducing agent comprises bread crumbs.
Appealed claims 1-7 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Hayes-Jacobson in view of Lee, Pesheck and
Bongiovanni. Claims 9 and 32 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Hayes-Jacobson in view of Lee and Pesheck.
Appellants do not provide separate arguments for any particular claim
on appeal. Also, Appellants’ argument against the separate rejection of
claims 9 and 32 is the same as the argument against the rejection of claims
1-7. Accordingly, all the appealed claims stand or fall together with claim 1.
2
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