Appeal No. 95-2638
Application 08/022,174
In the final rejection (paper no. 8), the examiner
postulates that (1) if the maximum amount of alkaline buffer
system (3.0%) is used; and (2) if the minimum amounts of all
remaining solutes are used; and (3) if the buffer system is
citric acid/sodium citrate, then inevitably the Lioutas
process will produce dried green vegetables having
incorporated therein sodium citrate in the amounts recited in
claims 1 through 5. See the examiner's calculations in paper
no. 8, pages 3 and 4. Appellants roundly criticize the basis
of those calculations in the appeal brief and, in the
examiner's answer, the examiner changes direction. Setting
forth new postulates and new calculations, the examiner again
concludes that the Lioutas process will produce dried green
vegetables having incorporated therein sodium citrate in the
claimed amounts (examiner's answer, pages 6 and 7). On
reflection, we believe that the examiner relies on too many
postulates, too many calculations, and too much speculation to
here support a rejection under 35 USC § 102. In our judgment,
Lioutas does not clearly and unequivocally describe the
5
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007