Appeal No. 98-2667
Application No. 08/668,971
OPINION
The rejection over Gonzalez
Claims 11-14 stand rejected under 35 U.S.C. § 102, as
being anticipated by GONZALEZ. (Examiner’s Answer, page 4).
We affirm.
When addressing the rejection of claims 11-14 over the
Gonzalez reference, appellant has not presented separate
arguments for claims 12-14. Thus, claims 12-14, all of which
depend from claim 11, will stand or fall with the
patentability of claim 11. 37 CFR § 1.192(c)(7) (1995).
Claim 11 is drawn to a nixtamalized farinaceous
composition having pronounced masa flavor comprising a
farinaceous component containing ungelatinized corn starch and
a pronounced masa flavor. Claim 11 is reproduced below:1
11. A nixtamalized farinaceous composition having
pronounced masa flavor comprising a farinaceous
component containing ungelatinized corn starch and a
pronounced masa flavor produced by the process of
heating a superficially dry composition comprising
farinaceous corn starch component, alkaline compound
in a concentration of at least .2 parts by weight
1 Claim 11 is reproduced as submitted in the amendment dated June 11,
1997, paper number 14. Although the examiner indicated that this amendment
would be entered (see the Advisory Action dated July 9, 1997, paper number 16)
this amendment was never physically entered. Upon the return of this
application to the jurisdiction of the examiner, this clerical oversight
should be corrected.
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