Appeal No. 98-2667
Application No. 08/668,971
1443, 1444 (Fed. Cir. 1992); In re Piasecki, 745 F.2d 1468,
1471-72, 223 USPQ 785, 787-88 (Fed. Cir. 1984). Accordingly,
we will not sustain the examiner's rejection.
In particular, we note that the examiner has not
adequately explained how and why one of ordinary skill in the
art would have been led to increase the amount of
non-nixtamalized farinaceous component and reduce the amount
of nixtamalized component contained in the Heller composition.
The examiner argues the amounts of the components are not
patentably significant because one of ordinary skill in the
art would have been motivated to vary the amounts of the
components to adjust the taste, texture and flavor.
(Examiner’s Answer, paragraph bridging pages 5 and 6).
Heller describes water-base bran snacks comprising 60% to 80%,
by dry weight, masa, 20% to about 40% oat bran, and if
desired, 5 to about 6% gluten flour. (Col 2 lines 24-27).
Generally the adjustment of amounts of components in
compositions may be obvious. However, this does not address
why one of ordinary skill in the art would have been motivated
to adjust the amount of components in compositions which are
outside Heller’s scope of disclosure. That is, the examiner
has not presented motivation for a person of ordinary skill in
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