Appeal No. 2003-1197
Application No. 09/699,218
Evidence of a suggestion, teaching or motivation to combine may flow from the references
themselves, the knowledge of one of ordinary skill in the art, or from the nature of the
problem to be solved. See Pro-Mold & Tool Co. v. Great Lakes Plastics, Inc., 75 F.3d
1568, 1573, 37 USPQ2d 1626, 1630 (Fed. Cir. 1996). One of ordinary skill in the art would
reasonably expect that the addition of teff to the snack bar of Leach would add the
nutritional properties of teff to the food product, e.g., calcium, iron, protein and niacin. “For
obviousness under § 103, all that is required is a reasonable expectation of success.” In re
O’Farrell, 853 F.2d 894, 904, 7 USPQ2d 1673, 1681 (Fed. Cir. 1988). In light of the
foregoing and for the reasons expressed in the Answer, it is our determination that the
Examiner has established a prima facie case of obviousness.
Claim 2 defines the food product by specifying the parts of some of the compositional
components. A person of ordinary skill in the art would have recognized the suitable ratios
for including the specific components in the food product. Further, a person of ordinary
skill in the art would have recognized that the amount of the components contained in the
food product would have an effect on the taste and nutritional properties of the food product.
Leach discloses the admixed dry ingredients of the food product are held together by
use of liquid ingredients that include honey and canola oil. (Col. 4). This disclosure renders
obvious the subject matter of claims 3 and 9.
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