Appeal 2007-0726
Application 10/264,561
those ingredients (as explained below). See KSR, 127 S. Ct. at 1739, 82
USPQ2d at 1395.
In any event, while the references do not expressly state what
properties raw potato starch bring to the coating, i.e, what its established
functions are, that those of ordinary skill in the art knew what those
properties were can be inferred from the references. See KSR, 127 S. Ct. at
1741, 82 USPQ2d at 1396 (“As our precedents make clear, however, the
analysis need not seek out precise teachings directed to the specific subject
matter of the challenged claim, for a court can take account of the inferences
and creative steps that a person of ordinary skill in the art would employ.”).
It can be inferred from the teachings of Mochizuki regarding mashed
potato starch as adding a savory taste, that those of ordinary skill in the art
would have added raw potato starch for taste reasons as well as to control
expandability and bubbling, the raw potato starch being known, as
evidenced by Chino, as non-expandable (FF 7, 9). Both Mochizuki and
Chino provide further evidence that those of ordinary skill in the art knew
how to control expansion by selecting appropriate amounts of the various
expandable and non-expandable flours and starches. Common sense also
tells us that adding raw potato starch would make the coating more “potato-
chip-like” upon frying. We also note that Lanner is not particularly limiting
as to the contents of the dry flour mixture, and specifically suggests adding
pregelatinized starch, a genus including unmodified pregelatinized waxy
starch, and specifically suggests a preference for the closely related modified
pregelatinized waxy starch (FF 3). Those of ordinary skill in the art would
have selected any of the flours and starches known for use in the art and
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