Appeal No. 1996-0249 Page 8
Application No. 08/076,709
motivation for one skilled in the art to follow the specific
teachings of the patent in selecting a shell material
including methylcellulose depending on the protection desired
and surrounding foodstuffs. Moreover, we find that the
methylcellulose would have been expected to possess a gelation
temperature as claimed at herein as one of its properties as
further explained by the teachings of the Dow brochure.
Given the above, we agree with the examiner that it would
have been prima facie obvious to one of ordinary skill in the
art to utilize a methylcellulose coating as the shell material
for an edible core containing a meltable lipoidal material as
claimed with a reasonable expectation of imparting the desired
protective effect. One of ordinary skill in the art would have
had a reasonable expectation that use of a coating of
methylcellulose having the claimed gelation temperature would
impart evaporation as well as retort protection. In any event,
the motivation to use methylcellulose as a coating material
need not be identical to that of appellant to establish a
prima facie case of obviousness. See In re Kemps, 97 F.3d
1427, 1430, 40 USPQ2d 1309, 1311 (Fed. Cir. 1996). We also
note that the conclusion of obviousness under 35 U.S.C. § 103
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