In re Fulton (Fed. Cir. 2020)

By Donald Zuhn –- Last month, the Federal Circuit affirmed the final determination by the U.S. Patent and Trademark Office Patent Trial and Appeal Board affirming the Examiner’s rejection of certain claims in U.S. Patent Application No. 12/789,280 as obvious. The rejected claims of the ‘280 application are directed to methods of making a low-carbohydrate baked food product using egg-bound water and psyllium fiber instead of traditional flour. Psyllium is the common name for several members of the plant genus Plantago whose seeds are used commercially for the production of mucilage. The panel opinion explains that digestible starch in flour…