Appeal No. 2003-2046
Application 09/171,670
Claim 1 is representative of the subject matter on
appeal and is reproduced below:
1. A method for manufacturing a composition comprising
crushing tomatoes and apples, mixing the crushed tomatoes and
apples together in a weight ratio of tomatoes to apples between
0.8 and 1.25 to produce a mixture (M), allowing the mixture (M)
to stand for about twenty-four hours, and filtering the mixture
(M) after the standing for about twenty-four hours to produce a
filtered liquid as the composition.
The references relied upon by the examiner are:
Strobel et al. (Strobel) 4,971,813 Nov. 20, 1990
Grieve, M., “Papaw,” A Modern Herbal, copyright 1995-2002,
pp. 1-2.
GROUNDS OF REJECTION
1. Claims 1-10, 13-16 and 29 stand rejected under
35 U.S.C. § 103 as unpatentable over Strobel.
2. Claims 11 and 12 stand rejected under 35 U.S.C.
§ 103 as unpatentable over Strobel, further in view of Grieve.
We reverse as to both grounds of rejection.
2
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