Appeal No. 95-2638
Application 08/022,174
preferred alkaline buffer systems including, inter alia,
citric acid/sodium citrate (col. 9, lines 15 through 25).2
The examiner's position to the contrary, notwithstanding,
we find that Lioutas does not clearly and unequivocally
disclose dried green vegetables having incorporated therein
sodium citrate at a concentration of 1 to 4% by weight.
First, no reference is made to the percentage of sodium
citrate in dried green vegeta-bles anywhere in the Lioutas
patent. Second, Lioutas does not disclose a working example
or examples illustrating use of the citric acid/sodium citrate
buffer system. Third, in setting forth citric acid/sodium
citrate among a number of preferred alkaline buffer systems in
Table 2 (col. 9, lines 15 through 25), Lioutas does not
indicate the relative proportion of citric acid or sodium
citrate in the system. Considering the Lioutas patent in its
entirety, we find that Lioutas does not describe quick cooking
dehydrated vegetable pieces having incorporated therein sodium
citrate in the amounts recited in claims 1 though 5 on appeal.
Sodium citrate is a species within the genus "alkali metal carboxylate"2
recited in the appealed claims.
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