Patent 11,013,250 B2 are mostly produced during the cooking process by chemical reactions molecules (precursors) including amino acids, fats and sugars that are found in plants as well as meat,” and “[b]eef flavors and aromas can be created in non beef consumables by addition of heme proteins.” Id. at 73:40–41, 83:57–60.
On the other hand, an obviousness analysis “need not seek out precise teachings directed to the specific subject matter of the challenged claim, for a court can take account of the inferences and creative steps that a person of ordinary skill in the art would employ.” Id. at 418; accord In re Translogic Tech., Inc., 504 F.3d 1249, 1259 (Fed. Cir. 2007).
Petitioner also argues that a person of ordinary skill in the art would have been “generally motivated by Rovaart itself to use techniques and ingredients that enhance the meaty flavor of Rovaart’s food products,” and would have “recognize[d] that one way to do so would be to include other ‘natural’ ‘suitable flavouring agents’ in the products.” Id. at 48–49 (citing Ex. 1003 ¶¶ 275–277).
We reach a similar result with regard to Petitioner’s argument that a person of ordinary skill in the art would be “generally motivated by Rovaart itself to use techniques and ingredients that enhance the meaty flavor of Rovaart’s food products.” Pet. 48.
Upon consideration of the Petition, the Preliminary Response, and the evidence presented, we determine that Petitioner has not shown a reasonable likelihood that it will prevail in showing that at least one of the challenged claims is unpatentable.