Appeal 2007-2060
Application 09/945,318
growth), would have provided a tight package, and would have minimized
condensation (form moisture) (p. 29). This evidence is consistent with
Beer’s desire to vacuum package foodstuffs, including breakfast cereal
materials which ingredients are used to make the frangible puffed cereal of
the type discussed in Thompson. We find that Sacharow evidences that one
of ordinary skill in the art was aware (id) that:
….Fragile nut brittle cannot be vacuum packed in a flexible
package because its sharp and hard corners may cause package
damage.
In addition, vacuum may also cause breakage of the
product…
We find that Sacharow evidences that one of ordinary was also aware that
the laminated flexible bag of the type discussed in Beer can avoid the
package damage mentioned above (id). We find that Francis teaches a
method by which the cereal of the type discussed in Thomson ‘990 can be
strengthened and Maglecic and/or McCrosson teach a method by which soft
products can be packaged in such a manner as to minimize the breakage as
indicated in the Answer and supra. Thus, given the desire in the art to
vacuum package the cereal of the type discussed in Thompson ‘990 to
increase a shelf-life and to prevent breakage of frangible food products such
as the cereal of the type discussed in Thompson ‘990, we determine that one
of ordinary skill in the art would have been led to provide a desired crush
resistance to the cereal of the type discussed in Thompson ‘990 in the
manner taught by Francis and vacuum pack the same in the manner taught
by Maglecic and/or McCrosson to minimize the breakage of the same.
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