Appeal No. 1997-2014
Application No. 07/959,995
We also agree with the examiner that it would have been
obvious for an artisan to modify the applesauce cake recipe of
Dobbin so as to utilize flour, sugar and baking soda
proportions (e.g., see appealed claims 2, 3, 8-12) within the
ranges here claimed and concomitantly to eliminate salt (see
appealed claims 13-19) from this recipe motivated by a desire
and reasonable expectation of success in relation to obtaining
a flavorful and healthy food product. As for the dry premix
feature of independent claim 6 and the claims which depend
therefrom, it would have been obvious for the artisan to
combine the dry ingredients of Dobbin’s applesauce cake recipe
as a dry premix, thereby obtaining the handling and processing
advantages associated with a dry premix, in view of, for
example, Matz’s teaching of dry premixes as well known in the
prior art (e.g., see the first paragraph on page 105).
In light of the foregoing, it is our determination that
the Dobbin, Fahlen and Matz references establish a prima facie
case of obviousness with respect to appealed claims 1 through
11 and 13 through 19. As support for her nonobviousness
position, the appellant proffers several affidavits which
praise the taste of cake samples given to the affiants by the
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