Appeal No. 2005-0836 Page 12
Application No. 09/880,292
173 USPQ 356, 358 (CCPA 1972). Nor can we agree that the absence in the references of a
discussion of a correlation between the bakeability properties and the ingredients (Brief, p. 11)
provides the level of factual support necessary to support the conclusion that the data evinces
unexpected results. There may be other reasons why the specific prior art references are silent.
The evidence, therefore, insufficiently indicates that the result would have been unexpected to
those of ordinary skill in the art.
After reviewing the totality of the evidence before us, it is our conclusion that, on
balance, the evidence of nonobviousness fails to outweigh the evidence of obviousness discussed
above and, accordingly, we conclude that a preponderance of the evidence supports a legal
conclusion of obviousness within the meaning of 35 U.S.C. § 103(a).
CONCLUSION
To summarize, the decision of the Examiner to reject claims 1, 3-6, 19-21, 23, 24, 27-29,
31, and 32 under 35 U.S.C. § 103(a) is affirmed.
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