Appeal No. 2006-0379
Application No. 10/315,780
Devic also teaches that the amounts and concentrations of the
reactants of the alkaline aqueous hydrogen peroxide solution is
selected such that all the solution is absorbed by the plant
material over the course of the soaking. Devic also teaches
that the heating time depends on the nature of the material and
the amount of peroxide. See column 5, lines 5-6 of Devic.
Devic teaches an amount of hydrogen peroxide varies from 1% to
20% by weight relative to the dry weight of the material. See
column 4, lines 1-5.
In view of the above, it is therefore clear that Devic
suggests overlapping temperature and time values (as well as
amount of hydrogen peroxide) in comparison with the time and
temperature disclosed in appellant’s specification. As such, we
agree with the examiner’s position that “minimal” exposure of
the endosperm of the kernel to the peroxide is suggested by
Devic.
In view of the above, we affirm the 35 U.S.C. § 103
rejection of claims 40-45 and 49 as being obvious over Devic.
II. The 35 U.S.C. § 102(b) or § 103(a) rejection of claims
50-53 over Devic
On pages 2-3 of the Office Action mailed June 4, 2004, the
examiner states that wheat kernels naturally have a bran layer
and an inner endosperm. The examiner states that the bran layer
is contacted with peroxide in Devic. The examiner states that
exposure of the inner endosperm of the wheat kernels in Devic is
inherently minimized since the peroxide concentration is as low
as 30% strength, the amount used is as low as 1%, and the
treatment time and temperature is for a few minutes at a low
temperature, and refers to column 3, lines 63 to column 4, line
7
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