Appeal No. 2003-1197
Application No. 09/699,218
nutrition including non-animal protein, simple and complex carbohydrates, antioxidants,
essential fatty acids, amino acids and lecithin. (Col. 2). Suitable ingredients include barley
and flax seed. (Col. 3). The food bars are held together by the use of liquid ingredients
including naturally occurring syrup such as honey and vegetable oils such as canola oil.
(Col. 4). Leach does not disclose the inclusion of teff.
Kincaid describes ready to eat nutritional cereals that include barley and grain
products such as teff. (Col. 7).
The Examiner included the Wiley reference for disclosing vacuum packaging of food
products.
The distinction between the subject matter of claim 1 and the invention of Leach is
the inclusion of teff. From our perspective, the idea of using teff in forming the nutritional
food snack bar of Leach flows logically from the known nutritional properties of teff, thus
establishing a prima facie case of obviousness. When determining the patentability of a
claimed invention which combines known elements, “the question is whether there is
something in the prior art as a whole to suggest the desirability, and thus the obviousness, of
making the combination. [Citations omitted].” Lindemann Maschinenfabrik GMBH v.
American Hoist & Derrick Co., 730 F.2d 1452, 1462, 221 USPQ 481, 488 (Fed. Cir. 1984).
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