Appeal No. 96-0885
Application 08/108,932
predetermined slice shapes (answer, page 7). The examiner,
however, does not point out, and we do not find, where the
references indicate that the streaky cuts would aid in
producing apple slices which have predetermined shapes or
would result in a product having the characteristics desired
by Robinson. The only motivation to combine the references as
done by the examiner appears to come solely from appellant’s
specification, which is improper. See W.L. Gore & Associates
v. Garlock, Inc., 721 F.2d at 1553, 220 USPQ at 312-13;
Rothermel, 276 F.2d at 396, 125 USPQ at 331.
Appellant argues that the JP ‘146 dough is preformed into
a cup shape and that it does not appear that the score lines
cause the sheet to bend as it is heated or dried (brief, page
10). This argument is not well taken because JP ‘146 teaches
that the rice cake initially has a disc shape, and that during
heating the streaky cut side is bent such that the disc is
curled into a dish-shaped product (pages 4 and 6).
The JP ‘146 rice cakes having streaky cuts therein are of
a non-uniform thickness, i.e., are thinner where the streaky
cuts are located, and they bend when heated along fold lines
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