Ex Parte Villagran et al - Page 1




                        The opinion in support of the decision being entered today was not written          
                               for publication and is not binding precedent of the Board.                   

                      UNITED STATES PATENT AND TRADEMARK OFFICE                                             
                                                __________                                                  
                           BEFORE THE BOARD OF PATENT APPEALS                                               
                                        AND INTERFERENCES                                                   
                                                __________                                                  
                        Ex parte MARIA DOLORES MARTINEZ-SERNA VILLAGRAN,                                    
                       BRENT RAY JOHNSON, and LOUIS BERNARD VONDERHAAR                                      
                                                __________                                                  
                                           Appeal No. 2006-3110                                             
                                         Application No. 10/185,846                                         
                                                __________                                                  
                                                 ON BRIEF                                                   
                                                __________                                                  
            Before ADAMS, LINCK, and LEBOVITZ, Administrative Patent Judges.                                
            LEBOVITZ, Administrative Patent Judge.                                                          

                                          DECISION ON APPEAL                                                
                   This appeal involves claims to dough containing potato fiber.  The examiner has          
            rejected the claims as obvious.  We have jurisdiction under 35 U.S.C. § 134.  We affirm.        
                                                Background                                                  
                   The instant application describes a “snack dough” that contains potato fiber,            
            starch, and water.  Specification, page 2, lines 8-21.  The dough can be shaped into            
            snack pieces, such as chips, and then cooked to form a finished snack product.  Id.,            
            page 2, lines 23-24.  “The advantages of preparing such food products from a dough              
            rather than from sliced, whole potatoes include homogeneity or uniformity in the end            







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