Ex Parte FOLEY et al - Page 2




          Appeal No. 2001-1390                                                           
          Application No. 08/922,599                                                     


               Appellants' invention pertains to a method for determining                
          forced-choice preference information.  A basic understanding of                
          the invention can be derived from a reading of exemplary claim 1,              
          a correct copy of which appears in the APPENDIX to the examiner's              
          answer (Paper No. 22).                                                         


               As evidence of obviousness, the examiner has applied the                  
          document specified below:                                                      


          David R. Peryam and Francis J. Pilgrim (Peryam), "Hedonic Scale                
          Method of Measuring Food Preferences," Food Technology, Vol. XI,               
          No. 9, pages 9 through 14 (1957)2                                              


               The following rejection is before us for review.                          


               Claims 1 and 6 stand rejected under 35 U.S.C. § 103(a) as                 
          being unpatentable over the Peryam reference.                                  



               2 The document of record, with pagination 1 through 6, is a               
          reprint of the specified article from Food Technology.  While the              
          examiner has referred to pages 1 and 2 of this document in the                 
          answer (page 3), the final rejection refers also to page 6,                    
          indicating to us that the entirety of the document (pages 1                    
          through 6) was the applied evidence.  We refer to the content of               
          the applied reference by pages 1 through 6.                                    
                                           2                                             





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