Appeal No. 2005-1586
Application No. 10/317,530
However, the claimed invention does not specify the conditions that are required
to transform the “dry mix” to a "low-carbohydrate potato product.” Thus, the
subject matter of claim 1 is directed to a dry mix comprising dried potato and
cauliflower.
The Examiner has determined that Gagliardi “discloses preparation of a
dehydrated potato product, including potato powder and egg yolk (binder), which
can also include cauliflower (Example 3, [Ex. 3] and Claim 8). The product can be
shaped and heated and used as a filling or topping. It would have been obvious
to select a mixture of potato and cauliflower as part of the final product to obtain
the added benefits of both vegetables as well as simply depending upon
consumer appeal and personal preference.” (Office Action mailed May 29, 2003,
p. 3).
Appellant argues that “[t]he claims defining this invention have been
rejected over Gagliardi, et al., alone or in combination with other references.
However, none of these references taken in any possible combination address
either the preparation of a low-carbohydrate potato product or Appellant's
invention.” (Brief, p. 5).
discussion to claims 1 and 2 as representative of the rejected claims.
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