Appeal No. 2005-1586
Application No. 10/317,530
invention teaching of how to modify the processes and formulations from among
those known generally, to achieve a low-carbohydrate potato product, there
would be no teaching at all of this basic feature of the invention. (Brief, p. 10).
Appellant’s arguments are not commensurate in scope with the claimed
subject matter. The subject matter of claim 2 is directed to a method of preparing
the dry mix of claim 1. As stated above, the dry mix of claim 1 is not limited to
having “low carbohydrate” properties. Gagliardi is suggestive of a dry mix
comprising potato and cauliflower and thus is suggestive of a method of making
such a dry mix. The addition of the secondary references does not detract from
the teachings of Gagliardi.
Based on our consideration of the totality of the record before us, having
evaluated the stated rejections in view of Appellant’s arguments, we conclude
that the subject matter of claims 1 to 14 is unpatentable under § 103 as stated in
the Examiner’s rejections.
- 7 -
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007