Appeal No. 2003-1887
Application 09/780,914
11. A soy-based pasta having a dough comprising:
(a) a combination of soy flour, farina, gluten, and a fluid
ingredient, wherein the weight percentage of soy flour out of the
four said ingredients is at least 50%;
wherein the dough is formed into a desired shape.
The examiner relies upon the following references as
evidence of unpatentability:
Hsu 4,675,199 June 23, 1987
Sammet (GB) 1 541 797 Mar. 7, 1979
Claims 1, 3-12 and 14-22 stand rejected under 35 U.S.C.
§ 103(b) as being unpatentable over Sammet in view of Hsu.
On page 2 of the brief, appellant groups the claims
according to process claim 1 and product claim 11. We consider
each of these claims. 37 CFR § 1.192(c)(7) and (8)(2000).
In this appeal, we use the substitute Brief filed on
November 29, 2002.
OPINION
For the reasons set forth in the Answer and below, we affirm
the rejection.
Beginning on page 4 of the Answer, the examiner states that
Sammet discloses a process comprising the steps of combining soy
flour, farina, eggs, and water to form a dough and forming the
dough into pasta articles. The examiner finds that the amount of
soy product used in Sammet may be from 6-65% by weight. The
examiner states that Sammet does not utilize gluten as an
ingredient in making the pasta. However, the examiner relies on
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