Appeal No. 2006-0379
Application No. 10/315,780
by peroxide, as required by claim 49. Appellant also argues
that Devic is not concerned with treating whole grain kernels.
Beginning on page 9 of the brief, appellant also argues
that Devic does not teach a whole wheat flour having a dietary
fiber content of about 10% to 12%. Appellant states “[t]here is
simply no specific teaching in Devic to produce a white, whole
wheat flour having a dietary fiber content of about 10% to 12%
from peroxide bleached whole grains.” Brief, page 10.
Appellant also argues when one considers that common white
flour had a dietary content of about 1-2%, making a white, whole
wheat flour having 10% to 12% dietary fiber is an important and
distinct advancement. Brief, page 10.
With regard to the argument concerning whole wheat flour
prepared from peroxide bleached whole grains, we agree with the
examiner that Devic teaches that “whole grains of cereals” are
treated with peroxide. It is clear that Devic teaches that
whole grains may be treated. See column 2, lines 60-68 of
Devic. Also, Devic teaches in column 1, beginning at line 18
that “[t]he plant materials which can be bleached according to
the invention include all products of vegetable origin, which
are used for nutrition, either in their entirety or parts
thereof [emphasis added].”
Because whole grains of wheat are treated in Devic, we
likewise agree with the examiner that the whole wheat flour will
have a fiber content typical of a whole wheat flour prepared
from whole grains of wheat (which is to be distinguished from
the dietary fiber content of white flour prepared from refined
flour). The burden is upon appellants to show that the fiber
content of the whole wheat flour prepared from peroxide bleached
whole grains according to Devic would somehow have a different
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