Appeal No. 1999-2509
Application 08/752,917
It is well settled that in evaluating a reference, all of the disclosure of the reference must
be considered for what it fairly teaches or would have suggested to one having ordinary skill in
the art. See In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966). Thus, it is proper
to take into account not only specific teachings of the reference, but also the inferences which
one skilled in the art would reasonably be expected to draw from the disclosure. See In re Preda,
401 F.2d 825, 826-27, 159 USPQ 342, 343-44 (CCPA 1968). Certainly, it would have been
prima facie obvious to one of ordinary skill in the art to use two of the fat containing
confectionary materials listed by Mackey together to obtain a food product with their combined
ingredients based on Mackey’s teaching that each may be used alone or co-extruded.
Accordingly, I would affirm both of the examiner’s § 103 rejections.
PETER F. KRATZ ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
Alan A. Fanucci, Esq.
Winston & Strawn
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