Appeal 2007-0364
Application 09/998,661
problem, namely a method of preparing uniformly shaped chips with “any
desired shape” so that the chips can be packaged in relatively small, air-tight
containers with less breakage (see factual findings (4) and (6) above).
Khalsa teaches that one desired shape known in this art is a triangular shape
chip, cut with alternating orientation (see factual finding (9) above).
Wisdom, Hilton, and MacKendrick all disclose or suggest restraining the
chip preforms in molds while frying (see factual findings (1), (4), and (6)
above). Accordingly, we agree with the Examiner that it would have been
obvious to one of ordinary skill in this art to form chips with the triangular
shape as taught by Khalsa, with the accompanying alternating orientation, in
restraining molds during the frying operation to form uniformly shaped
chips capable of being stacked and packaged in smaller, air-tight containers,
as taught by Hilton and MacKendrick, in the process of Wisdom (Answer
4-6).
For the foregoing reasons and those stated in the Answer, we
determine that the Examiner has established a prima facie case of
obviousness in view of the reference evidence. We also determine that
Appellants’ arguments have not adequately rebutted this prima facie case.
Therefore we affirm the rejection of claims 1-3 under 35 U.S.C. § 103(a)
over Wisdom in view of Hilton, Khalsa, and MacKendrick.
The decision of the Examiner is affirmed.
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