Appeal No. 98-2667
Application No. 08/668,971
describes products which contain at least a portion of
ungelatinized corn starch. Thus, the compositions of Gonzalez
which contain at least a portion of ungelatinized corn starch
anticipate the subject matter of claim 11.
Appellant presented declarations on November 22, 1995 and
June 2, 1997 to overcome the rejection of claims 11-14 over
Gonzalez.
Roger Burge’s declaration of November 22, 1995, is not
supported by objective evidence. The declaration provides
only the opinion of the declarant and does not indicate what
evidence he considered in reaching his opinion. Thus, the
declaration of November 22, 1995 is not persuasive.
Declarations unsupported by objective evidence are accorded
little or no weight. In re Etter, 756 F.2d 852, 860, 225 USPQ
1, 6 (Fed. Cir. 1985).
The declaration of June 2, 1997 does not present evidence
that the composition of Gonzalez contains at least partially
ungelatinized corn starch. The experiment representative of
Gonzalez’ example 1 was not performed as described in the
reference. For example, the cooking time of the reference was
within the scope of the claim. Genentech v. Chiron, 112 F.3d 495, 501, 42 USPQ2d 1608,
1613 (Fed. Cir. 1997).
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