Appeal No. 1997-0151
Application 08/169,542
foodstuffs by the Segall process, however, appears to decrease
the rate of a browning reaction rather than increase it as
required by appellant’s claims. Furthermore, the examiner has
not explained why one of ordinary skill in the art would have
been led by the prior art to apply Segall’s preservation
method during the heating of baked goods.
For the above reasons, we conclude that the examiner has
not carried the burden of establishing a prima facie case of
obviousness of the claimed invention over appellant’s admitted
prior art in view of Segall.
Rejection under 35 U.S.C. § 103 over McKenna taken with
Strobel, appellant’s admitted prior art and Segall
McKenna discloses a method for preserving lemon juice in
the absence of a sulfiting agent by adding to the lemon juice
1) sodium benzoate, 2) one or more of ascorbic acid, sodium
acid pyrophosphate, glucose oxidase and sodium
hexametaphosphate, and 3) an inert gas (col. 1, lines 42-52;
claim 1). This treatment, McKenna teaches, inhibits browning
of the lemon juice (col. 1, lines 51-52).
Strobel discloses mashing apples and removing the juice
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