Appeal 2007-1678
Application 09/800,547
wherein the adjustable motor operates at up to about 3,600 rpm;
said process having a throughput rate of about 100 pounds per minute
to about 1,000 pounds per minute;
[wherein] the dressing being [is] mayonnaise or a salad dressing and
an oil phase and an emulsifier phase are raw ingredients combined in the
pre-mix tank;
further wherein the mayonnaise and salad dressing are made in the
same production line; and
wherein said dressing comprises about 0.1 to about 0.3% emulsifier.
(emphasis added.)
The Examiner relies on the following prior art references to show
unpatentability:
Trainor US 4,423,084 Dec. 27, 1983
Ross US 5,632,596 May 27, 1997
Akashe US 6,235,336 B1 May 22, 2001
The rejections maintained by the Examiner are as follows:
1. Claims 1, 3, 5, 6, 8-11, 13-16, 18-26, and 28 are rejected under 35
U.S.C. § 103(a) as unpatentable over Trainor in view of Ross; and
2. Claim 29 is rejected under 35 U.S.C. § 103(a) as unpatentable over
Akashe in view of Ross.
3
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