Appeal No. 2002-2215
Application No. 08/952,475
cholesterol are reduced without adversely affecting the
organoleptic properties of the meat. (Column 1, line 67 to
column 2, line 6.)
The appellants allege that “the ratios of vegetable oil to
animal fat shown by Helmer are quite different from those
contemplated by the present invention.” (Appeal brief, page 5.)
We note, however, that Helmer’s teaching regarding the addition
of 0 to 30% of vegetable oil into sausage compositions is not
limited to any fat amount. Accordingly, one of ordinary skill in
the art would have reasonably expected that the advantages of
adding 0 to 30% by weight of vegetable oil as described in Helmer
would also be applicable for Bonkowski’s frankfurter composition.
Moreover, as we discussed above in the rejection based on Giese,2
the appellants have not established any unexpected criticality
for the claimed weight ratio of vegetable oil to animal fat. In
this regard, it is well settled that “[w]hen an applicant seeks
to overcome a prima facie case of obviousness by showing improved
performance in a range that is within or overlaps with a range
disclosed in the prior art, the applicant must ‘show that the
[claimed] range is critical, generally by showing that the
2 Our discussion concerning the insufficiency of the
appellants’ proffered evidence of unexpected results, as applied
to the rejection based on Giese, is also pertinent here and is
therefore incorporated by reference.
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