Appeal No. 2006-0379
Application No. 10/315,780
disclosed in appellant’s specification.4 Devic’s process
conditions overlap appellant’s process conditions as disclosed
in the specification.5 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. While we appreciate
appellant’s discussion in the paragraph bridging pages 7 and 8
of the brief (as well as the discussion in the reply brief), as
stated supra, we agree with the examiner’s assessment in this
regard.
On page 9 of the brief, appellant argues the obviousness-
type portion of the rejection, and argues that the examiner has
not identified any differences, but simply states that if there
are any differences, they would be obvious. We believe an
example of the examiner’s position in this regard is that, with
respect to claim 52 (for example), “the grain kernel is
constituted by white wheat”. Devic teaches that the plant
materials that can be bleached include all products of vegetable
origins which are used for nutrition, either in their entirety
or parts thereof. Exemplary of such products are cereal grains
(wheat, maize, oats, barley, rice, etc.), peels, skins, pips of
fruits, bran from oil plants, such as sunflowers, bran from
cereals”. See column 1, lines 18-24 of Devic. In view of this
4 Devic discloses that the soaking time ranges from a “few minutes to a
few hours”. Column 4, lines 65-67. The hydrogen peroxide is
typically used in the form of an aqueous solution of 30% to 70%
strength. See column 3, lines 64-65. The temperature during the
soaking phase ranges from 20o to 100oC. See column 4, lines 57-58.
5 We note that, in related Appeal No 2005-1454 (a copy is provided
herewith), the Board determined that although Devic discloses
overlapping ranges among the three parameters, a certain amount of
picking and choosing would be necessary in order to anticipate the
claimed subject matter of process claim 13 of related application S.N.
10/315,763. The Board rejected claim 13, anew, under 35 U.S.C. § 103
as being obvious over Devic.
9
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