Appeal No. 98-2667
Application No. 08/668,971
Claims 16-19 stand rejected under 35 U.S.C. § 103(a), as
being unpatentable over the combination of MADRAZO and
MENDOZA. (Examiner’s Answer, page 6). We affirm.
Appellant stated in his brief that claims 16-19 are
grouped together. (Brief page 4). When addressing the
rejection of claims 16-19 over the combination of the Madrazo
and Mendoza references, appellant has not presented separate
arguments for claims 17-19. Thus, claims 17-19, all of which
depend from claim 16, will stand or fall with the
patentability of claim 16. 37 CFR § 1.192(c)(7) (1995).
Claim 16 is drawn to a process of forming a nixtamalized
farinaceous composition having pronounced masa flavor. Claim
16 is reproduced below:3
16. The process of forming a nixtamalized
farinaceous composition having pronounced masa
flavor comprising heating a superficially dry
composition comprising farinaceous corn starch
component, alkaline compound in a concentration
of at least .2 parts by weight per 100 parts by
weight farinaceous component (d.s.b.) and water
in a closed system to develop a pronounced masa
flavor without pasting the starch component of
the farinaceous component while maintaining the
water content of the composition in the closed
system at 2% to 20% by weight of the
composition.
3 Claim 16 is reproduced as amended in the amendment dated June 11,
1997, paper number 14. See footnote 1.
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