Appeal No. 96-0885
Application 08/108,932
through the streaky cuts. However, appellant’s claim 15 is
limited to potato material, whereas JP ‘146 uses rice cakes.
The examiner has not explained, and we do not find, why one of
ordinary skill in the art would have considered a potato
material and the JP ‘146 rice dough to be sufficiently similar
in nature that the potato material, when cut according to the
JP ‘146 disclosure, would bend in the manner desired in JP
‘146. We therefore do not sustain the rejection under 35
U.S.C. § 103 over Robinson in view of Humphrey and JP ‘146.
Rejection of claims 1-3, 5-9 and 11-21 under
35 U.S.C. § 103 over Mercenari in view of Humphrey
Mercenari discloses a taco shell made of a tortilla
shaped into a cone having an overlapping edge (col. 1, lines
9-12 and 33-36; Fig. 8).
The examiner argues that it would have been obvious to
one of ordinary skill in the art to incorporate Humphrey’s
fold line into Mercenari’s tortilla to aid in the bending of
the food surface (answer, page 8). Mercenari’s tortilla is
formed into a cone, and the examiner has not explained, and it
is not apparent, why the references indicate that Humphrey’s
fold lines would be beneficial in the formation of a cone.
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