Appeal 2007-1371
Application 10/326,103
properly cites Kelly for demonstrating that it was also known in the art to
use artificial flavorants to impart the desired taste to a food product.
Accordingly, we are in full agreement with the Examiner that it would have
been obvious for one of ordinary skill in the art to substitute artificial
flavorants for the food components of Deane and Snyder. Also, we find no
error in the Examiner’s reasoning that “once it was known to provide meal
components in bar form, singly or in combination, the particular courses,
conventional flavors, and conventional ingredients one chooses to have used
is seen to have been an obvious matter of choice” (Answer 6). It is well
settled in the food art that it is a matter of obviousness for one of ordinary
skill in the art to formulate a food composition comprising known,
conventional ingredients in the absence of an unexpected coaction between
the ingredients.
We also agree with the Examiner’s analysis when Kelly is used as the
primary reference. As set forth by the Examiner, “Kelly discloses a
nutritional, cereal based, food bar that is flavored like a food item or a
course of a meal” (Answer 12), but fails to disclose all the specifically
claimed ingredients. However, since the prior art firmly establishes that the
presently claimed nutrition ingredients, oatmeal, egg white, soy protein, and
vegetable oil, are conventional components in snack bars and food products,
we must concur with the Examiner that it would have been obvious for one
of ordinary skill in the art to provide the cereal based food bar of Kelly with
such conventional components. While Appellant points out that Deane,
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