Ex Parte Villagran et al - Page 2



          Appeal No. 2005-2462                                                        
          Application No. 09/906,977                                                  
               The examiner relies upon the following reference in the                
          rejection of the appealed claims:                                           
          Martines-Serna Villagran (Villagran)  6,066,353   May 23, 2000              
               Appellants’ claimed invention is directed to dehydrated                
          potato products made by the recited steps for cooking,                      
          comminuting, and dehydrating.  The potatoes are cooked to a                 
          hardness of about 65 gf to about 500 gf.  According to appellants           
          “[t]he dehydrated products can be used to produce food products             
          having improved potato flavor and improve texture” (page 2 of the           
          brief, second paragraph).                                                   
               Appealed claims 1-8 stand rejected under 35 U.S.C. § 103(a)            
          being unpatentable over Villagran.                                          
               Appellants do not provide separate arguments for claims 4-8.           
          Accordingly, claims 4-8 stand or fall together with claim 1.                
               We have thoroughly reviewed each of appellants’ arguments              
          for patentability.  However, we find that the examiner’s                    
          rejection is well-founded and in accordance with current patent             
          jurisprudence.  Accordingly, we will sustain the examiner’s                 
          rejection.                                                                  




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