Appeal No. 2006-0379
Application No. 10/315,780
fiber content than that which is typical of whole wheat flour
prepared from whole grains. In this regard, we incorporate
herein, the examiner’s position, as set forth on page 4 of the
answer, wherein the examiner states that whole wheat flour
naturally has a particular fiber content. The examiner states
that since Devic provides a whole wheat flour, the resultant
product obviously has a dietary fiber content similar to that
claimed by appellant for whole wheat flour. The examiner states
that appellant’s claimed whole wheat flour having a certain
fiber content cannot be said to patentably distinguish over the
whole wheat flour prepared in Devic.
With regard to the claimed pH values of from about 6.3 to
6.7, as recited in appellant’s claim 43, we note that Devic
teaches that the pH of the material after bleaching is less than
or equivalent to 8.5, which suggests appellants’ claimed range.
See column 4, lines 20-24 of Devic.
With regard to claim 49, on page 11 of the brief, appellant
argues that claim 49 specifically limits the wheat flour to be
made from bleached whole grains of wheat, wherein a bran layer
is treated with peroxide, and an inner endosperm is “not
treated”.2 Appellant argues that Devic teaches that all the
plant material, including the endosperm, is soaked in the
bleaching solution. See also pages 2-3 of the reply brief.
2 We note that none of appellant’s claims recite that the inner
endosperm is “not treated”; hence, appellant’s statement here is
incorrect.
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