Appeal No. 2004-2047
Application 09/817,419
3. The method of Claim 1 wherein the base grain contains a starch having at least 40% by
weight amylose content.
11. A grain made by the method of Claim 1.
12. The grain of Claim 11 having an increase in the TDF content of greater than 30%.
13. The grain of Claim 11 having a higher onset temperature than a corresponding untreated
grain.
22. A method for preparing a grain containing starch with increased total dietary fiber content
comprising heating a grain containing starch having at least about 40% by weight amylose, said
grain having a total moisture content of from about 8% to about 85% by weight based on the dry
weight of the grain, at a temperature of from about 65°C to about 150°C, under a combination of
moisture and temperature conditions to provide a heat-treated-grain having an increase of total
dietary fiber content (“TDF”) of at least 10%.
31. A grain made by the method of Claim 22.
The references relied on by the examiner are:
Fergason et al. (Fergason) 5,300,145 Apr. 5, 1994
Whitney et al. (Whitney) 5,972,413 Oct. 26, 1999
The examiner has rejected appealed claims 1, 4, 5, 8 and 10 through 15 under 35 U.S.C.
§ 102(b) as anticipated by Whitney, and appealed claims 3, 6, 7, 9 and 16 through 41 under
35 U.S.C. § 103(a) as being unpatentable over Whitney in view of Fergason.
“Appellants consider each claim under appeal herein to be separately patentable” but
provide separate arguments only for appealed claims 12 and 15 and claims 13 and 14, and
merely point out only the differences in claim limitations of the remaining claims (brief, pages 4-
7 and 10). Identifying differences in limitations between appealed claims does not amount to
arguments for separate patentability of the claims. Thus, we decide this appeal based on
appealed claims 1, 3, 11 through 13, 22 and 31 as representative of the grounds of rejection and
the separately argued groups of claims. 37 CFR § 1.192(c)(7) (2003); see also 37 CFR
§ 41.37(c)(1)(vii) (effective September 13, 2004; 69 Fed. Reg. 49960 (August 12, 2004);
1286 Off. Gaz. Pat. Office 21 (September 7, 2004)).
We affirm.
Rather than reiterate the respective positions advanced by the examiner and appellants,
we refer to the answer and to the brief for a complete exposition thereof.
Opinion
- 2 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007