Appeal No. 1996-4109
Application No. 08/123,557
Claims 1-3, 5-13, 19 and 20:
In response to the examiner’s rejection, appellant argues (Brief, page 5) that
“[I]n example 10 [of Wullschleger], the unbaked cookie dough contained 13%
shortening, 18% sugar, and additional ingredients, including 9% water. No
information is given as to the final composition of the baked product.” Appellant
emphasizes (Brief, page 6) the significance of baking when comparing the claimed
invention to the prior art relied upon, “baking drives off moisture, the final, baked
product in Wullschleger will clearly weigh less than the unbaked material, and the
percentages will change.” Appellant notes (Brief, page 6) that since the prior art
sugar content is already at 18%, it is not unreasonable to assume that once baked
the sugar content of the prior art will exceed 20%. The examiner did not respond to
appellant’s argument that baking will drive off moisture and thereby change the
percentages of each ingredient in the baked snack bar.
Appellant further argues (Brief, page 6) that the Wullschleger references
teach the use of about 33.8% grain product, in contrast to the claims which
specifically require about 50% by weight grain product. Appellant then argues
(Brief, page 6) that there is no motivation, or suggestion, in the prior art to
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