Appeal No. 98-2667
Application No. 08/668,971
per 100 parts by weight farinaceous component
(d.s.b.) and water in a closed system to develop a
pronounced masa flavor without pasting the starch
component of the farinaceous component while
maintaining the water content of the composition in
the closed system at 2% to 20% by weight of the
composition.
Gonzalez discloses a process for the production of
nixtamalized corn meal useful for the production of tortillas.
(Column 1, lines 23-25). Gonzalez discloses the importance of
using processing conditions that prevent gelatinizing the
starch because it would cause a loss in the product’s flavor.
(Column 4, lines 13-20 and 47-50). This disclosure indicates
that the farinaceous component is ungelatinized.
Appellant argues that “[c]laims 11 to 14 are not
anticipated by Gonzales et al. since appellant’s products are
ungelatinized whereas Gonzales et al. produce partially
gelatinized products.” (Brief, page 5, last paragraph).
Claim 11 does not call for a completely ungelatinized product.
Claim 11 is open to include both gelatinized and ungelatinized
corn starch as is apparent from the use of the term
“comprising” appearing on the second line of claim 11
reproduced above. As acknowledged by appellant, Gonzalez2
2 “Comprising” is a term of art used in claim language which means that the
named elements are essential, but other elements may be added and still form a construct
4
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