Appeal No. 2006-3110 Page 5
Application No. 10/185,846
least 15% pectin) … However, certain other sources of fibrous cellulosic material
can be utilized to achieve a cellulosic material having the requisite water
absorbency and can be satisfactorily utilized in the invention disclosed herein.
Id., column 1, line 64-column 2, line 8.
The requisite water absorbency is achieved, according to Feeney, by using
cellulosic fibers which have high pectin content or which are a mix of water-insoluble
and water-soluble fibers. The cellulosic material “should contain approximately 0.5% to
approximately 25% of the water-soluble fibrous component.” Id., column 11, lines 1-3.
Feeney also explains that when water-insoluble fibers having their own inherent water-
soluble component are utilized, a “synergistic effect” is observed. Id., column 11, lines
25-34. The benefit of adding fiber to dough for its water binding capacity is
acknowledged in the Roney patent, as well. Roney, column 2, lines 5-10.
A skilled artisan reading the Feeney patent would recognize its general teaching
that any fiber having the requisite water binding capacity would improve a fried potato-
based food when added to its dough. Although Feeney says that certain fibers are
preferred, other fiber sources are described by Feeney as suitable, and accordingly
equivalent for improving the product’s properties. Potato fiber, as established by
Roney, comprises a water-soluble fiber content of 18%, which is within the range
required by Feeney. Roney, column 1, lines 40-60; Feeney, column 11, lines 1-3.
Roney lists potato fiber among typical fibers used in formulating food products. Roney,
column 1, lines 40-60. Moreover, Feeney encourages the use of fibrous materials
having their own inherent water-soluble component to obtain synergistic effects.
Feeney, column 11, lines 25-34. It is our view that these facts provide adequate
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