Appeal No. 95-2638
Application 08/022,174
and Bevan.
On consideration of the record, including appellants'
brief (paper no. 13) and the examiner's answer (paper no. 14),
we reverse both prior art rejections.
35 USC § 102(b)
For a prior art reference to anticipate in terms of 35
USC § 102, every element of the claimed invention must be
identically shown in a single reference. In re Bond 910 F.2d
831, 832, 15 USPQ2d 1566, 1567 (Fed Cir. 1990). That is not
the case here.
Lioutas discloses dried green vegetables characterized by
superior color retention and a method for their preparation.
To achieve the dried green vegetables of Lioutas, the
vegetables are infused with about 10% to 60% by weight of
water activity controlling solutes and with about 50 to 200
ppm magnesium. The vegetables are also infused with an
alkaline buffer system, generally comprising about 0.1% to
3.0% of the infusion solution (Lioutas, column 9, lines 27
through 34). In Table 2, Lioutas sets forth a number of
3
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