Appeal No. 2006-0379
Application No. 10/315,780
Claim 49 recites that each of the peroxide bleached whole
grains of wheat includes a “bran layer having been treated with
peroxide” and “an inner endosperm having, at most, minimal
exposure to any peroxide”.
In response, on pages 2-3 of the answer, the examiner
states that the disclosure in Devic regarding that the peroxide
solution is absorbed by the plant material or grain kernels is
not contrary to obtaining a grain kernel whose inner endosperm
has had minimal exposure to peroxide. The examiner first notes
that the word “minimal” is a relative term, without clear
meaning in appellant’s invention.3 The examiner states that
appellant produces grain kernels by exposing them to peroxide at
50 to 165°F, for 30 seconds to three minutes, and refers to
appellant’s specification, on page 11, lines 1-4. The examiner
points out that because Devic also treats whole grains of cereal
for a few minutes at a temperature within appellant’s claimed
range, it follows that the inner endosperm of the grain kernels
in Devic is exposed to the same amount of peroxide as
appellant’s endosperm portion.
Devic treats whole grains of cereal for a few minutes at a
temperature overlapping appellant’s claimed range (Devic teaches
that the temperature ranges from 20 to 100°C. See column 3,
lines 43-50). The soaking time is selected depending on the
capacity of the apparatus to ensure homogeneous mixing and to
maintain the desired temperature. In general, a soaking time of
from a few minutes to a few hours is required depending on the
type of apparatus used. See column 4, lines 56-68 of Devic.
3 We note that the word “minimal” is not specific as to a numerical
amount; rather it is a subjective term. In this context, we agree
with the examiner’s position here.
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