Method of preparing a confectionery product made of protein...

Food or edible material: processes – compositions – and products – Products per se – or processes of preparing or treating... – Carbohydrate containing

Reexamination Certificate

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Details

C426S656000, C426S658000, C426S810000, C426S103000, C426S657000

Reexamination Certificate

active

07407683

ABSTRACT:
The invention provides a method of making confectionery bar comprising a proteinaceous material and a carbohydrate material in a relative weight ratio higher than 1 (from 1:0 to about 1:0.999). The bar produced is very palatable and chewy and has good organolepetic properties. It may be coated (enrobed) or not as desired. The product of the invention provides a meal replacement for very low calorie diets, diet supplement or protein supplement, and may optionally comprise a carbohydrate material of low digestibility or indigestible nature.

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Defendant Elan Nutriton Inc.'s Brief in Support of its Motion for leave to Amend Answer (Case NO. 2:02-cv-0304 WKS U.S. District Court for the District of Vermont) (With Exhibits listed below), no date provided.
Second Amended Answer to Complaint (Exhibit A to B1), no date provided.
Draft of Second Amended Answer to Complaint (Exhibit B to B1), no date provided.
Amendment and Request for Reconsideration under 37 C.F.R. 1.111 for U.S. Appl. No. 07/641,131, filed Nov. 12, 1991 (Exhibit C to B1).
Proposed Amendment and Request for Reconsideration under 37 C.F.R. 1.116 for U.S. Appl. No. 07/641,131, filed Jan. 15, 1991 (Exhibit D to B1).
Request for Reconsideration under 37 C.F.R. 1.111 for U.S. Appl. No. 07/641,131 (Exhibit E to B1), no date provided.
Amendment and Request for Reconsideration under 37 C.F.R. 1.116 for U.S. Appl. No. 07/891,929, filed Jun. 1, 1992 (Exhibit F to B1).
SUPRO 710 Isolated Soy Protein Product Description (Exhibit I to B1), no date provided.
SUPRO 670 Isolated Soy Protein Product Description (Exhibit J to B1), no date provided.
Recommended Applications for Purina Proteins (Exhibit K to B1), no date provided.
Expert Report of Ann H. Grev Civil No. 6:02-CV-304 (Exhibit L to B1), no date provided.
Brief on Appeal for U.S. Appl. No. 08/246,369 filed May 19, 1994 (Exhibit M to B1).
Amendment and Request for Reconsideration under 37 C.F.R. 1.111 for U.S. Appl. No. 07/891,929, filed Jun. 1, 1992 (Exhibit N to B1).
Amendment and Request for Reconsideration under 37 C.F.R. 1.111 for U.S. Appl. No. 08/246,369, filed May 19, 1994 (Exhibit O to B1).
Examiner's Action for U.S. Appl. No. 07/891,929 (Exhibit P to B1), no date provided.
Examiner's Action for U.S. Appl. No. 08/246,369 (Exhibit Q to B1), no date provided.
Letter to Gravel and Shea RE:Bariatrix Productsvs.Elan Nutrition, LLC.Civil Docket No. 02-CV-304 (Exhibit S to B1), no date provided.
Fee Transmittal Form/Information Disclosure Statement/Preliminary Amendment /Amendment Accompanied by rely under 37 C.F.R. 1.114 for U.S. Appl. No. 10/117,111, filed Apr. 8, 2002 (Exhibit T to B1), no date provided.
Proprietary Information Disclosure Statement under 37 C.F.R. 1.56 and MPEP 724 for U.S. Appl. No. 10/117,111 (Exhibit U to B1), no date provided.
Expert Report of Wayne R. Moore, Ph.D.,Jan. 16, 2004 (for Defendant) (with Exhibits A-R, listed separately below).
Curriculum Vitae of Wayne R. Moore, Ph.D. (Exhibit A to document B23), no date provided.
The prosecution history of the 929 patent; (Exhibit D to B23), no date provided.
Calculations by Wayne R. Moore, Ph.D., regarding the caloric content of bars produced by the 929 and 800 patent; (Exhibit E to B23), no date provided.
The Protein Technologies product literature regarding various soy protein isolates, including PP 610, Supro 660, Supro 670, Supro 710, and the Farbest brand whey protein literature; (Exhibit F to B23), no date provided.
The project outline/report regarding the preparation and evaluation of milk protein concentrate powder as described in Example 1 of the 800 patent; (Exhibit G to B23), no date provided.
A spread sheet Wayne R. Moore, Ph.D., used to back calculate from the target product to the various stages in the process to starting fluid skimmed milk; (Exhibit H to B23), no date provided.
Summary spreadsheet of analytical results of protein powders using 5% protein by Farinograph method; (Exhibit I to B23), no date provided.
Revised water absorption test results for milk protein concentrate at PH 5 and natural milk protein concentrate produced according to Example 1 tested by the Farinograph method at 10% protein; (Exhibit J to B23), no date provided.
Calculations of Wayne R. Moore, Ph.D., of protein ratios for finished products based on Examples 3,4, and 12 of the 800 patent; (Exhibit K to B23), no date provided.
Initial calculations by Wayne R. Moore, Ph.D., regarding the caloric content of bars produced by the 929 and 800 patents; (Exhibit L to B23), no date provided.
Product specification sheets for ingredients used in testing; (Exhibit O to B23), no date provided.
Ultrafiltration Run Sheets from Protein Production; (Exhibit P to B28), no date provided.
Photographs of Extruded bars produced based upon the 800 patent and; (Exhibit Q to B23), no date provided.
List of Equipment and model numbers used to produce bars based upon the 800 patent (Exhibit R to B23), no date provided.
Expert Witness Report of Wayne R. Moore, Ph.D., Oct. 6, 2006 (with Exhibits 1-12 listed separately).
Protein Functionality in Food Systems; Gregory R. Ziegler; (Exhibit 2 to B41), no date provided.
Correlation of Water Absorption Methods: Water Holding Capacity and Farinograph Water Absorption (Exhibit 3 to B41), no date provided.
Hydrogen-Ion Activity (pH)-Electrometric Method; AACC Method 02-52; Nov. 3, 1999 (Exhibit 4 to B41).
Dough pH Measurements; (Exhibit 5 to B41), no date provided.
Soy Protein and Human Nutrition; Wilcke, et al; 1978; (Exhibit 6 to B41).
Food Chemistry; Owen R. Fennema; (Exhibit 6 to B41), no date provided.
Water Holding Capacity of Protein Products and Protein Product Blends; (Exhibit 7 to B41), no date provided.
Water Hydration Capacity: Calculated vs. Measured; (Exhibit 8 to B41), no date provided.
Vital Statistics; Michael Orkin et al.; (Exhibit 9 to B41), no date provided.
Food Protein Chemistry; Joe M. Regenstein et al.; (Exhibit 10 to B41), no date provided.
Ziegler Aug. 28, 2006 Expert Report; “Protein Blends Tested for Water Hydration Capacity”; (Exhibit 11 to B41).
Protein Content-Measured vs. Predicted; (Exhibit 12 to B41), no date provided.
Expert Witness Report of Wayne R. Moore, Ph.D., Aug. 25, 2006 (With 1-46 listed Separately below).
Curriculum Vitae of Wayne R. Moore, Ph.D., (Exhibit 1 of B55), no date provided.
The prosecution history of the 929 patent; (Exhibit 4 of B55), no date provided.
The prosecution history of the 866 patent (Exhibit 5 of B55), no date provided.
Calculations of Wayne R. Moore, Ph.D., regarding the caloric content of bars produced by the patents-in-suit; (Exhibit 6 of B55), no date provided.
Owen R. Fennema, Food Chemistry, Marcel Dekker, New York, 1985; (Exhibit 7 of B55).
C.W. Hutton & A.M. Campbell, ACS Symposium Series—Protein Functionality in Foods (M.Joan Comstock, ed.), American Chemical Society, 1981, pp. 177-200; (Exhibit 8 of B55).
AACC Method 56-30; “Water Hydration Capacity of Protein Materials”; (Exhibit 9 of B55), no date provided.
AACC Method 54-21, “Farinographic Method for Flour” (Exhibit 10 of B55), no date provided.
AACC Wheat Flour Check Sample, Series HS, found at www.aaccnet.org; (Exhibit 11 of B55), no date provided.
Results from Jul. 13, 2006 analysis of protein water absorption, conducted by CII Laboratory Services, Kansas City, Missouri; (Exhibit 12 of B55).
Memo to D. Jones from Woodstone Foods regarding functional properties of Woodstone Gold, dated N

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