Appeal No. 1997-2014
Application No. 07/959,995
Further, the leavening reaction between fruit acid and
baking soda, which is recited in appealed independent claims 1
and 8, would have been suggested and expected to the artisan
in view of the Matz disclosure (e.g., see the first and second
paragraphs on page 102, the paragraph bridging pages 102 and
103, the first full paragraph on page 103 and the first and
second paragraphs on page 105) . As support for her 3
nonobviousness position, appellant argues that Matz teaches
that acidic fruit products are undesirable. From our
perspective, however, Matz simply teaches that premature and
nonuniform leavening reactions between baking soda and acidic
food ingredients such as fruit juices are undesirable (again
see the first two paragraphs on page 105). Clearly, the Matz
teaching as a whole would not have dissuaded the artisan from
using fruit products in the manner under consideration.
3Concerning the matter of leavening, the appellant
argues that Dobbin relies upon heat, soda and salt to produce
a leavening reaction, rather than a fruit acid component and
baking soda as here claimed, and that the applesauce of
Dobbin’s recipe is not believed to contain sufficient acid to
effect the here claimed reaction. On the record before us,
however, this argument is without evidentiary support of any
kind and thus must be regarded as purely speculative.
7
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