DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 60 is objected to because of the following informalities:
Regarding claim 60, claim 60 recites “the layer of the fibrous plant product” in line 11, since the only layer recited in the claim is “an extracted layer of a fibrous plant product” in order to remain consistent is appears that “the layer of the fibrous plant product” should be changed to “the extracted layer of the fibrous plant product”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 71-72, 74-81 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 63, it is unclear if the herb or spice recited in claim 63 is the same as or different from that newly recited in claim 60.
Regarding claim 64, claim 64 recites “wherein the extracted layer of the fibrous plant product comprises fibers of fruits, herbs, medicinal plants, tea, vegetables and/or spices”. It is unclear if the fibers of herbs and/or spices recited in claim 64 is the same as or different from the “spice or herb” newly recited in claim 60.
Regarding claim 67, it is unclear if the herb or spice recited in claim 67 is the same as or different from that newly recited in claim 60.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating
obviousness or nonobviousness.
Claims 60-65, 67, 69-70 and 82 are rejected under 35 U.S.C. 103 as being unpatentable over Cooking with Leaves (The New York Times) in view of Banana Leaf Basics in view of Mompon WO 2012/056141 A2 (US 20130280320 cited as English Equivalent) in view of Moss et al. US 2013/0276997 in view of Kim KR 20110040115 A (Espacenet Translation).
Regarding claim 60, Cooking with Leaves discloses a method of preparing food comprising wrapping, covering or packing food with a wrapping layer to form a food product, the food product obviously does not contain aluminum foil, the food being a solid and cooking or roasting the wrapped food (your dinner can be wrapped in a green leaf for a number of reasons. This culinary technique protects food in a secure, impermeable package. Said leaf wrapped food- meat or fish or savory mixture – may then be grilled, steamed or roasted. In the process, leaves add a unique flavor and perfume to the dish). The wrapping layer of Cooking with Leaves obviously comprises fibrous plant product (leaves/Banana leaves).
Regarding the step of removing the wrapping layer, while Cooking with Leaves does not explicitly recite removing the wrapping layer from the food, Banana leaf Basics discloses cooking food wrapped in banana leaves and discloses that the leaf should not be eaten (Pg. 5), thus obviously teaching that leaves which are used for wrapping food to cook the food in can be removed from the food after cooking. Thus, it would have been obvious to one of ordinary skill in the art to remove the wrapping layer of Cooking with Leaves from the food as suggested by Banana Leaf Basics, since Banana Leaf basics recognizes that the leaf should not be eaten.
Claim 60 differs from Cooking with Leaves in view of Banana Leaf Basics in the recitation that the wrapping layer is specifically a wrapping paper which specifically comprises an extracted layer of a fibrous plant product in combination with the cellulosic fibers and a plant extract applied thereto.
Mompon discloses a paper comprising an extracted layer of a fibrous plant product and a plant extract applied thereto, the extracted layer of the fibrous plant product is in a form of a paper (‘320, [0051], [0108], [0109], [0009]- [0014]). Mompon discloses that the fibrous plant product is combined with cellulosic fibers (the fibrous plant product necessarily includes cellulosic fibers) (‘320, [0049]). (it is additionally noted that Mompon teaches adding reinforcing fibers such as cotton fibers which can be considered cellulosic fibers) (‘320, [0050], [0127]). Mompon discloses selecting the plant for use in the paper based upon properties such as flavors, perfumes, etc, (‘320, [0022]). Mompon discloses additives that may be included in the paper include flavoring, fragrances and dyes (‘320, [0043], [0050], [0063]). Mompon teaches the articles may be incorporated into food compositions or that the articles are able to be used directly, for example to product herbal teas or infusions (‘320, [0118]).
It is noted that Cooking with Leaves (The New York Times) recognizes that it was known in the art that leaves can be used to wrap and cook food and in the process the leaves add a unique flavor (Pg. 1), (see also Banana Leaf Basics), it is also known that leaves are used to produce tea. Thus, one of ordinary skill in the art would reasonably expect that similar to leaves, that the paper of Mompon, which can also be used to make infusions, would also be capable of transferring flavoring to the food during a cooking process.
It would have been obvious to one of ordinary skill in the art to substitute the wrapping layer (leaf) of Cooking with Leaves in view of Banana Leaf Basics with the paper taught by Mompon, thereby substituting one known fibrous layer for flavoring with another known paper for flavoring to obtain the predictable result providing a paper for flavoring a food product since it has been held that the simple substitution of one known element for another to obtain predictable results supports a conclusion of obviousness (MPEP 2141.III,B).
Additionally, it is noted that Mompon discloses that extraction during preparation of tea is not always easy ([0005]) and that the invention seeks to increase the content level of retrieved substances ([0008]). Mompon discloses that active ingredients are more easily extractable from the articles ([0124]). Thus, one of ordinary skill in the art would additionally have been motivated to substitute the paper of Cooking with Leaves with the paper taught by Mompon since the active ingredients are easily transferable, in order to enhance the food of Cooking with Leaves with the flavors and active ingredients of the paper of Mompon.
Claim 60 differs from Cooking with Leaves in view of Banana Leaf Basics in view of Mompon in the recitation that the fibrous plant product specifically comprises at least 70% of fibrous plant product from one plant.
Moss discloses forming a wrapping paper for food products comprising a fibrous plant product and discloses that the fibrous plant product comprises at least 70% of fibrous plant product from one plant (‘997, [0011], [0087]). It would have been obvious to one of ordinary skill in the art to modify the fibrous plant product of Cooking with Leaves in view of Banana Leaf Basics in view of Mompon in view of Moss to comprise at least 70% of fibrous plant product from one plant as additionally taught by Moss since at least 70% fibrous plant product from one plant is suitable for forming a paper sheet.
Claim 60 differs from Cooking with Leaves in view of Banana Leaf Basics in view of Mompon in view of Moss in the recitation that the plant extract is present in the wrapping paper in an amount from about 20wt% to about 50wt%.
Kim discloses a wrapping paper for food (paper used as packaging paper, tea bag paper) (Espacenet Translation, pg. 2, lines 33-35) comprising a layer of a fibrous plant product combined with cellulosic fibers (mulberry, abaca) and a plant extract applied thereto (green tea extract) (Espacenet Translation, Examples 5-6, Pg. 3, lines 15-19). Kim discloses that if too little plant extract is added the addition effect is not apparent and if too much is added the strength of the paper decreases (Espacenet translation, Pg. 3, lines 15-19). Kim discloses that the extract should be used in the range of 25 to 100 parts by weight per 100 parts by weight of dry pulp. Thus, Kim teaches providing the paper with 20% plant extract to 50% plant extract (25 parts extract:100 parts pulp to 100 parts extract:100parts pulp, i.e. providing a ratio of 1 part extract:4 parts pulp to 1 part extract:1 part pulp, 1part extract/5 parts extract and pulp = 20% extract, 1part extract/2parts extract and pulp = 50% extract).
It would have been obvious to one of ordinary skill in the art to modify the amount of plant extract applied to the layer of fibrous plant product combined with cellulosic fibers of Cooking with Leaves in view of Banana Leaf Basics in view of Mompon in view of Moss to be 20% to 50% of the wrapping paper as suggested by Kim, in order to ensure that the desired effect of the plant extract is obtained and to ensure the paper retains a desired strength.
Further regarding claim 60, Modified Cooking with Leaves discloses that the extracted layer of the fibrous plant product or the plant extract comprises a spice or an herb (‘320, [0018]-[0022], [0009]-[0014]).
Regarding claim 61, Modified Cooking with Leaves obviously discloses that the wrapping paper contacts the food when wrapped (food is wrapped) (Cooking with Leaves, Pg. 1).
Regarding claim 62, Modified Cooking with Leaves obviously teaches that the wrapping paper adds flavoring to the food during cooking (Cooking with Leaves, Pg. 1). It is noted that Cooking with Leaves (The New York Times) recognizes that it was known in the art that leaves can be used to wrap and cook food and in the process the leaves add a unique flavor (Pg. 1), (see also Banana Leaf Basics), it is also known that leaves are used to produce tea. Thus, one of ordinary skill in the art would reasonably expect that similar to leaves, that the paper of Mompon, which can also be used to make infusions, would also be capable of transferring flavoring to the food during a cooking process. Additionally, it is noted that any amount of flavoring can be considered to add flavoring and Mompons paper includes additional flavoring ([0067], [0070]), and the flavoring is capable of being transferred. It is noted that “Obviousness does not require absolute predictability, but at least some degree of predictability is required.” MPEP 2143.02. Since Cooking with Leaves (The New York Times) recognizes that it was known in the art that leaves can be used to wrap and cook food and in the process the leaves add a unique flavor (Pg. 1), (see also Banana Leaf Basics), it is also known that leaves are used to produce tea. Cooking with Tea and Banana Leaf Basics provide a teaching that allows at least some degree of predictability that one of ordinary skill in the art would reasonably expect that similar to leaves, that the paper of Mompon, which can also be used to make infusions, would also be capable of transferring flavoring to the food during a cooking process.
Regarding claim 63, Modified Cooking with Leaves discloses that the extracted layer of the fibrous plant product comprises an insoluble residue fraction obtained from a plant (‘320, [0028], [0009]-[0014], [0051]). The plant comprising a fruit, an herb, a spice, a medicinal plant, a tea, or a vegetable (‘320, [0018]-[0024], [0028]). Mompon discloses that the plant extract applied to the layer of the fibrous plant product is obtained from the same plant used to form the layer of the fibrous plant product (‘320, [0001], Fig. 2, [0009]-[0014]).
Regarding claims 64 and 65, Modified Cooking with Leaves discloses that the layer of the fibrous plant product comprises fibers of fruits, herbs, medicinal plants, tea, vegetables and/or spices (‘320, [0009]- [0014], [0018]- [0024], [0028]).
Claim 64 and 65 differs from Modified Cooking with Leaves in the recitation that the fibrous plant product is combined with cellulose fibers, where the cellulose fibers specifically comprise wood pulp fibers and wherein the wood pulp fibers comprise softwood fibers, hardwood fibers or combinations thereof.
Moss additionally teaches that fibers conventionally used in papermaking articles include wood fibers including softwood and hardwood fibers and teaches mixing the wood fibers with fruit fibers in order to form an article such as paper ([0002], [0003], [0011], [0083], [0087], [0089]). Moss discloses using the paper as packaging paper ([0089]). It would have been obvious to one of ordinary skill in the art to modify the wrapping paper of Modified Cooking with Leaves such that the fibrous plant product is combined with cellulose fibers, where the cellulose fibers specifically comprise wood pulp fibers and wherein the wood pulp fibers comprise softwood fibers, hardwood fibers or combinations thereof as additionally taught by Moss, in order to provide the wrapping paper with desired tensile properties and physical properties (‘997, [0089]). It has been held that the selection of a known material based on its suitability for its intended use supports a conclusion of obviousness (MPEP 2144.07)
Regarding claim 67, Modified Cooking with Leaves discloses that the fibers of fruits, herbs, medicinal plants, tea, vegetables and/or spices are extracted fibers (‘320, [0018]-[0022],[0028]) and the extracted fibers are refined (destructured) (‘320, [0045], [0046], [0047]) (‘997, [0051]) and then combined with the wood pulp fibers (Moss teaches refining fibers of fruits before mixing with the wood pulp fibers) (‘997, [0079], Example 1, [0096]-Example 4).
Regarding claim 69, Modified Cooking with Leaves discloses that the wrapping paper contains coffee fibers (‘320, [0018], [0020], [0024]).
Regarding claim 70, Modified Cooking with Leaves discloses that the wrapping paper contains thyme fibers (‘320, [0018], [0019], [0024]).
Regarding claim 82, Modified Cooking with Leaves discloses that the plant extract is the only coating on a first side (food contact side) of the wrapping material (food contact side of the paper sheet of Mompon).
Claims 66 and 83 are rejected under 35 U.S.C. 103 as being unpatentable over Cooking with Leaves (The New York Times) in view of Banana Leaf Basics in view of Mompon WO 2012/056141 A2 (US 20130280320 cited as English Equivalent) in view of Moss et al. US 2013/0276997 in view of Kim KR 20110040115 A (Espacenet Translation) in view of McHugh et al. US 2012/0258206.
Regarding claim 66, claim 66 differs from Modified Cooking with Leaves in the recitation that the wrapping paper has a basis weight of from about 70 g/m2 to 300 g/m2
McHugh discloses a food product comprising a food and a wrapping paper in contact with the food, the wrapping paper comprising a layer of fibrous plant product ([0014], [0015], [0044], [0045]). McHugh discloses that the wrapping paper has a basis weight of 90.4 g/m2 to 226.04 g/m2 ([0068]) (1.4 g/ 24 in2 to 3.5g/ 24in2) (
1.4
g
24
i
n
2
X
1
i
n
2
.
0254
m
2
=
1.4
g
24
i
n
2
X
1
i
n
2
0.00064516
m
2
=
90.4
g
m
2
) (
3.5
g
24
i
n
2
X
1
i
n
2
.
0254
m
2
=
3.5
g
24
i
n
2
X
1
i
n
2
0.00064516
m
2
=
226.04
g
m
2
). It would have been obvious to one of ordinary skill in the art to modify the wrapping paper of Modified Cooking with Leaves to have a basis weight of from 90.4 g/m2 to 226.04 g/m2 as taught by McHugh since the basis weight is suitable for wrapping a food product.
Regarding claim 83, claim 83 differs from Modified Cooking with Leaves in the recitation that the wrapping paper has a basis weight of from about 90 g/m2 to 150 g/m2, however claim 83 is rejected for the same reasons given above as for claim 66 in further view of McHugh. “In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.” (MPEP 2144.05.I)
Claim 68 is rejected under 35 U.S.C. 103 as being unpatentable over Cooking with Leaves (The New York Times) in view of Banana Leaf Basics in view of Mompon WO 2012/056141 A2 (US 20130280320 cited as English Equivalent) in view of Moss et al. US 2013/0276997 in view of Kim KR 20110040115 A (Espacenet Translation) in view of Bernaert et al. US 2013/0302473 in view of Daud et al. (cited in IDS filed 01/26/2023).
Regarding claim 68, claim 68 differs from Modified Cooking with Leaves in the recitation that the wrapping paper comprises cocoa shell fibers.
Bernaert discloses that powdered cocoa shells can be used in paper, packaging material, and poster product ([0012], [0066]). Since Mompon already teaches that the fibrous plant product can be from at least one plant or at least one plant part, including seeds and plant waste ([0009]-[0013], [0030],[0122]), it would have been obvious to one of ordinary skill in the art to modify the fibrous plant product to be from more than one plant or more than one plant part and modify the wrapping paper of Modified Cooking with Leaves to specifically comprise cocoa shell fibers as taught by Bernaert since the selection of a known material based on its suitability for its intended use supports a conclusion of obviousness (MPEP 2144.07).
Additionally, Daud discloses that cocoa pod husks (cocoa shells) are a suitable candidate for alternative fiber sources of pulp and paper production and that the use of cocoa pod husk are used as pulp for paper production industries to promote the concept “from waste to wealth” and “recyclable material to available product” for reducing environmental issues (Abstract, conclusion). Since Mompon in view of Bernaert is performing a papermaking process to produce the wrapping paper from fibrous plant material and Daud teaches cocoa shells as a suitable alternative fiber source for papermaking, it would have been obvious to one of ordinary skill in the art to modify the wrapping paper of Modified Cooking with Leaves to comprise cocoa shells as additionally taught by Daud in order to maximize the use of organic waste for paper production.
Claim 71-72, and 74-76, 78-81 are rejected under 35 U.S.C. 103 as being unpatentable over Cooking with Leaves (The New York Times) in view of Mompon WO 2012/056141 A2 (US 20130280320 cited as English Equivalent) in view of Moss et al. US 2013/0276997 in view of Kim KR 20110040115 A (Espacenet Translation).
Regarding claim 71, Cooking with Leaves discloses a food product comprising a food, the food being solid; and a wrapping layer in contact with the food (your dinner can be wrapped in a green leaf for a number of reasons. This culinary technique protects food in a secure, impermeable package. Said leaf wrapped food- meat or fish or savory mixture – may then be grilled, steamed or roasted. In the process, leaves add a unique flavor and perfume to the dish) (Pg. 1). The wrapping layer of Cooking with Leaves obviously comprises fibrous plant product (leaves/Banana leaves). Cooking with Leaves discloses that while in the wrapping layer the food has been cooked and wherein the wrapping layer transfers flavoring to the food from the layer (Said leaf wrapped food- meat or fish or savory mixture – may then be grilled, steamed or roasted. In the process, leaves add a unique flavor and perfume to the dish) (Pg.1). Cooking with Leaves discloses that the wrapping layer is a sheet (leaf), wherein the wrapping layer (leaf) is the only sheet of the food product.
Claim 71 differs from Cooking with Leaves in the recitation that the wrapping layer is specifically a wrapping paper which specifically comprises an extracted layer of a fibrous plant product, the fibrous plant product comprising fibers of fruits, herbs, medicinal plants, tea, vegetables and/spices in combination with wood pulp fibers and a plant extract applied thereto.
Mompon discloses a paper comprising an extracted layer of a fibrous plant product and a plant extract applied thereto, the extracted layer of the fibrous plant product is in a form of a paper (‘320, [0051], [0108],[0109], [0009]-[0014]). Mompon discloses that the layer of the fibrous plant product comprises fibers of fruits, herbs, medicinal plants, tea, vegetables and/or spices (‘320, [0018]-[0024], [0028]). Mompon discloses selecting the plant for use in the paper based upon properties such as flavors, perfumes, etc, (‘320, [0022]). Mompon discloses additives that may be included in the paper include flavoring, fragrances and dyes (‘320, [0043], [0050], [0063]). Mompon teaches the articles may be incorporated into food compositions or that the articles are able to be used directly, for example to produce herbal teas or infusions (‘320, [0117]). Thus, it is obvious that the paper of Mompon is capable of transferring flavor to a food product.
It is noted that Cooking with Leaves (The New York Times) recognizes that it was known in the art that leaves can be used to wrap and cook food and in the process the leaves add a unique flavor (Pg. 1), (see also Banana Leaf Basics), it is also known that leaves are used to produce tea. Thus, one of ordinary skill in the art would reasonably expect that similar to leaves, that the paper of Mompon, which can also be used to make infusions, would also be capable of transferring flavoring to the food during a cooking process.
It would have been obvious to one of ordinary skill in the art to substitute the wrapping layer (leaf) of Cooking with Leaves with the paper taught by Mompon, thereby substituting one known fibrous layer for flavoring with another known paper for flavoring to obtain the predictable result providing a paper for flavoring a food product since it has been held that the simple substitution of one known element for another to obtain predictable results supports a conclusion of obviousness (MPEP 2141.III,B).
Additionally, it is noted that Mompon discloses that extraction during preparation of tea is not always easy ([0005]) and that the invention seeks to increase the content level of retrieved substances ([0008]). Mompon discloses that active ingredients are more easily extractable from the articles ([0124]). Thus, one of ordinary skill in the art would additionally have been motivated to substitute the paper of Cooking with Leaves with the paper taught by Mompon since the active ingredients are easily transferable, in order to enhance the food of Cooking with Leaves with the flavors and active ingredients of the paper of Mompon.
Additionally, it is noted that any amount of flavoring can be considered to add flavoring and Mompons paper includes additional flavoring ([0067], [0070]), and the flavoring is capable of being transferred. It is noted that “Obviousness does not require absolute predictability, but at least some degree of predictability is required.” MPEP 2143.02. Since Cooking with Leaves (The New York Times) recognizes that it was known in the art that leaves can be used to wrap and cook food and in the process the leaves add a unique flavor (Pg. 1), (see also Banana Leaf Basics), it is also known that leaves are used to produce tea. Cooking with Tea and Banana Leaf Basics provide a teaching that allows at least some degree of predictability that one of ordinary skill in the art would reasonably expect that similar to leaves, that the paper of Mompon, which can also be used to make infusions, would also be capable of transferring flavoring to the food during a cooking process.
Claim 71 differs from Cooking with Leaves in view of Mompon in the recitation that the wrapping paper comprises wood pulp fibers.
Moss teaches that fibers conventionally used in papermaking articles include wood fibers including softwood and hardwood fibers and teaches mixing the wood fibers with fruit fibers in order to form an article such as paper ([0002], [0003], [0011], [0083], [0087], [0089]). Moss discloses using the paper as packaging paper ([0089]). It would have been obvious to one of ordinary skill in the art to modify the wrapping paper of Cooking with Leaves in view of Mompon such that the fibrous plant product is combined with wood pulp fibers and wherein the wood pulp fibers comprise softwood fibers, hardwood fibers or combinations thereof as taught by Moss, in order to provide the wrapping paper with desired tensile properties and physical properties (‘997, [0089]). It has been held that the selection of a known material based on its suitability for its intended use supports a conclusion of obviousness (MPEP 2144.07).
Regarding claim 71, claim 71 differs from Cooking with Leaves in view of Mompon in view of Moss in the recitation that the wrapping paper has a basis weight of from about 70 g/m2 to 300 g/m2.
McHugh discloses a food product comprising a food and a wrapping paper in contact with the food, the wrapping paper comprising a layer of fibrous plant product ([0014], [0015], [0044], [0045]). McHugh discloses that the wrapping paper has a basis weight of 90.4 g/m2 to 226.04 g/m2 ([0068]) (1.4 g/ 24 in2 to 3.5g/ 24in2) (
1.4
g
24
i
n
2
X
1
i
n
2
.
0254
m
2
=
1.4
g
24
i
n
2
X
1
i
n
2
0.00064516
m
2
=
90.4
g
m
2
) (
3.5
g
24
i
n
2
X
1
i
n
2
.
0254
m
2
=
3.5
g
24
i
n
2
X
1
i
n
2
0.00064516
m
2
=
226.04
g
m
2
). It would have been obvious to one of ordinary skill in the art to modify the wrapping paper of Cooking with Leaves in view of Mompon in view of Moss to have a basis weight of from 90.4 g/m2 to 226.04 g/m2 as taught by McHugh since the basis weight is suitable for wrapping a food product.
Claim 71 differs from Cooking with Leaves in view of Mompon in view of Moss in view of McHugh in the recitation that the plant extract is present in the wrapping paper in an amount from about 20wt% to about 50wt%.
Kim discloses a wrapping paper for food comprising a layer of a fibrous plant product combined with cellulosic fibers (mulberry, abaca) (paper used as packaging paper, tea bag paper) (Espacenet Translation, pg. 2, lines 33-35) and a plant extract applied thereto (green tea extract) (Espacenet Translation, Examples 5-6, Pg. 3, lines 15-19). Kim discloses that if too little plant extract is added the addition effect is not apparent and if too much is added the strength of the paper decreases (Espacenet translation, Pg. 3, lines 15-19). Kim discloses that the extract should be used in the range of 25 to 100 parts by weight per 100 parts by weight of dry pulp. Thus, Kim teaches providing the paper with 20% plant extract to 50% plant extract (25 parts extract:100 parts pulp to 100 parts extract:100parts pulp, i.e. providing a ratio of 1 part extract:4 parts pulp to 1 part extract:1 part pulp, 1part extract/5 parts extract and pulp = 20% extract, 1part extract/2parts extract and pulp = 50% extract).
It would have been obvious to one of ordinary skill in the art to modify the amount of plant extract applied to the layer of fibrous plant product combined with wood pulp fibers of Cooking with Leaves in view of Mompon in view of Moss in view of McHugh to be 20% to 50% of the wrapping paper as suggested by Kim, in order to ensure that the desired effect of the plant extract is obtained and to ensure the paper retains a desired strength.
Further regarding claim 71, Modified Cooking with Leaves discloses that the layer of the fibrous plant product or the plant extract comprises a spice or an herb (‘320, [0018]-[0022], [0009]-[0014]).
Regarding claim 72, Modified Cooking with Leaves discloses that the wood fibers comprise softwood, hardwood and mixtures thereof (‘997, [0087], [0089]).
Regarding claim 74, Modified Cooking with Leaves discloses the layer of the fibrous plant product comprises a blend of different plants (at least one plant) (‘320, [0026]).
Regarding claim 75, Modified Cooking with Leaves discloses that the plant extract applied to the layer of the fibrous plant product is obtained from the same plant (‘320, [0001], Fig. 2, [0009]-[0014]).
Regarding claim 76, claim 76 differs from Modified Cooking with Leaves in the recitation that the fibrous plant product specifically comprises at least 70% of fibrous plant product from one plant. However, Moss additionally discloses forming a wrapping paper for food products comprising a fibrous plant product and discloses that the fibrous plant product comprises at least 70% of fibrous plant product from one plant (‘997, [0011], [0087]). It would have been obvious to one of ordinary skill in the art to modify the fibrous plant product of Modified Cooking with Leaves to comprises at least 70% of fibrous plant product from one plant as additionally taught by Moss since at least 70% fibrous plant product is suitable for forming a paper sheet.
Regarding claim