Appeal No. 2003-1197
Application No. 09/699,218
According to the specification, the food product is suitable for healthy snack foods that
provide nutrients and extra energy. (Page 1). Suitable binders include corn syrup, honey,
canola oil and ground sunflower seeds. (Specification, p. 3). Flax seeds are a source of
Omega-3 fatty acid and essential nutrients including calcium, iron, niacin, phosphorous and
Vitamin E. (Specification, p. 3). Barley contains 8 to 10 percent protein, 62 to 65 percent
starch, 1 to 3 percent fat and 2 to 3 percent mineral water. (Specification, p. 4). Teff seeds
are a source of calcium, iron, protein and niacin. (Specification, p. 3). Claim 1, which is
representative of the claimed invention, appears below:
1. A food product comprising an admixture of barley, flax and teff, and a
binder which holds the admixture together.
We have carefully reviewed the claims, specification and applied prior art, including
all of the arguments advanced by both the Examiner and Appellant in support of their
respective positions. This review leads us to conclude that the Examiner’s § 103 rejection is
well founded. See In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir.
1992); In re Piasecki, 745 F.2d 1468, 1471-1472, 223 USPQ 785, 787-788 (Fed. Cir.
1984). We affirm.
Leach describes a nutrient fortified food product such as a non-cooked food bar.
These food bars contain grain, nuts, dried fruit and a binder for holding the ingredients
together. (Col. 1). Leach discloses the food bars are designed to provide acceptable
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