Appeal No. 2005-2462
Application No. 09/906,977
In the present case, there is sufficient correspondence
between the method of making the dehydrated potato products
disclosed in appellants’ specification and the method disclosed
by Villagran to place upon appellants the burden of establishing
that there is, in fact, a patentable distinction between
dehydrated potato products within the scope of the appealed
claims and such products fairly disclosed by Villagran,
particularly in light of the rather broad range of hardness
claimed. For instance, while both appellants and Villagran
disclose that the cooking time is dependant upon a variety of
factors, including the amount of potato pieces being cooked, both
appellants and Villagran teach cooking essentially the same size
potato pieces for about 30 minuets (see appellants specification
at page 11, line 9 and Villagran at column 5, line 29). Also,
both appellants and Villagran disclose other physical properties
of the dehydrated potato that are the same. For example, the
present specification discloses that “[t]he potato flakes of the
present invention have less than about 70% broken cells” (page
17, line 1), while Villagran discloses that “[t]he dehydrated
potato flakes of the present invention comprise from about 40% to
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