Appeal No. 1997-2014
Application No. 07/959,995
because Fahlen explicitly teaches that replacing fat with a
fruit product (i.e., fruit paste) yields an acceptable food
product. Although the food product of Fahlen is bread, an
artisan with ordinary skill would have expected similar
acceptable results in the context of a cake food product as
discussed previously.
Under these circumstances, it is our ultimate conclusion
that all the evidence of record, on balance, weighs most
heavily in favor of an obviousness conclusion. We shall,
therefore, sustain the examiner’s § 103 rejection of claims 1
through 11 and 13 through 19 as being unpatentable over Dobbin
in view of Fahlen and Matz.
The decision of the examiner is affirmed-in-part.
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