Appeal No. 2006-2809 Page 5
Application No. 10/867,713
Appellants argue that “because Cameron and Bisperink are directed towards
completely unrelated inventions with different objectives, one having ordinary skill in the
art would not be motivated to modify or combine them to arrive at the present claims.”
Appeal Brief, page 10. In particular, Appellants argue that Cameron’s “whipped topping
requires whipping with a mechanical whipper. . . . In contrast, the claimed compositions
and methods can produce a mousse with only a gentle stirring. . . . In addition, other
powdered compositions of Cameron are specifically stated to be used as ingredients for
baked goods and generally for other food products, which also teaches away from the
present claims.” Id. Appellants also argue that
Bisperink is primarily directed to a foaming creamer ingredient primarily
intended for preparing beverages such as milk shakes and cappuccino
coffee, which teaches away from being combined with the solid food
applications of Cameron. Although the ingredient is said to contain
entrapped gas, Bisperink is specifically directed to a composition that
produces a quality of foam that is “light and fluffy” on the surface of a
beverage. . . . [O]ne having ordinary skill in the art would not expect that a
creamer ingredient designed to produce a light and fluffy foam on a
beverage would also be effectively combined with the powdered fat
composition as taught by Cameron, which requires whipping to produce a
whipped cream and can be used for baking and other solid foods. As a
result, there is no direction provided in the cited references suggesting
how they should be combined to obtain the present claims.
Id., page 11. Appellants argue that “it is only with a hindsight reconstruction of
Appellants’ present claims that the Patent Office is able to even attempt to piece
together a rejection of the claims.” Id., page 12. Finally, Appellants argue that “there is
no reasonable expectation of success that the combination of the creamer ingredient of
Bisperink and the powdered fat composition of Cameron could result in the claimed
invention.” Reply Brief, pages 2-3.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007