{"id":305,"date":"2016-01-08T11:40:25","date_gmt":"2016-01-08T16:40:25","guid":{"rendered":"https:\/\/patents.harnessip.com\/?p=305"},"modified":"2016-01-09T12:11:00","modified_gmt":"2016-01-09T17:11:00","slug":"it-is-obvious-to-vary-result-effective-variables","status":"publish","type":"post","link":"https:\/\/patents.harnessip.com\/?p=305","title":{"rendered":"It is Obvious to Vary Result-Effective Variables"},"content":{"rendered":"

In In re Urbanski<\/em>, [2015-1272] (Fed. Cir. 2016), the Federal Circuit affirmed the PTAB’s affirmance of the rejection on obviousness grounds of claims to a\u00a0method for making an enzymatic hydrolysate of a soy fiber.<\/p>\n

The Federal Circuit agreed with the Board\u00a0that Gross and Wong related to methods of enzymatic hydrolysis of dietary fibers, are readily combinable, and that they recognize that reaction time and degree of hydrolysis are result-effective variables that can be varied in order to adjust the properties of the hydrolyzed fiber in a predictable manner.\u00a0 The Federal Circuit found that substantial evidence thus supports the Board\u2019s finding that a person of ordinary skill would have expected that, by adjusting the reaction time, the degree of hydrolysis and the properties of the fiber would be altered.<\/p>\n

The Federal Circuit\u00a0said that the prima facie case had not been rebutted.\u00a0 There was no evidence that the claimed ranges of degree of hydrolysis, water holding capacity, and free simple sugar content are \u201ccritical\u201d or \u201cproduce a new and unexpected result\u201d as compared to the prior art.\u00a0 The Federal Circuit also noted that there is also no evidence that the \u201cvariables interacted in an unpredictable or unexpected way,\u201d which could render the claims nonobvious.<\/p>\n

Urbanski argued that modifying the Gross process by shortening the hydrolysis time, as taught by Wong would make the Gross process inoperative for its intended purpose.\u00a0 The Federal Circuit recognized that teaching away is applicable to cases involving mechanical devices or apparatus claims, but that on the\u00a0record before it, the Board properly found that one of ordinary skill would have been motivated to pursue the desirable properties taught by Wong, even at the expense of foregoing the benefit taught by Gross.\u00a0 Nothing in the prior art teaches that the proposed modification would have resulted in an \u201cinoperable\u201d process or a dietary fiber product with undesirable properties.<\/p>\n

The Federal Circuit agreed that the claimed invention was obvious.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

In In re Urbanski, [2015-1272] (Fed. Cir. 2016), the Federal Circuit affirmed the PTAB’s affirmance of the rejection on obviousness grounds of claims to a\u00a0method for making an enzymatic hydrolysate of a soy fiber. The Federal Circuit agreed with the … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[],"class_list":["post-305","post","type-post","status-publish","format-standard","hentry","category-obviousness"],"post_mailing_queue_ids":[],"_links":{"self":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/305","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=305"}],"version-history":[{"count":2,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/305\/revisions"}],"predecessor-version":[{"id":307,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/305\/revisions\/307"}],"wp:attachment":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=305"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=305"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=305"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}