Ex Parte LEWIS et al - Page 4



            Appeal No. 2006-0064                                                     Παγε 4                                 
            Application No. 09/155,740                                                                                      

                  We start with independent claim 1 and will separately                                                     
            consider the other claim groupings and a selected representative                                                
            claim of each such separate grouping to the extent that such                                                    
            groupings have been separately argued.                                                                          
                  At the outset, we note that Reznik discloses a process for                                                
            treating dried dates that includes the steps of: producing cracks                                               
            or fissures in the surface skin of the dates (column 3, line 6                                                  
            through column 4, line 20); using a vacuum treatment vessel to                                                  
            introduce water and a preservative or water-soluble agent                                                       
            (solute) into the dates (column 2, line 25 through column 3, line                                               
            5); removing the dates from the vacuum treatment vessel; and                                                    
            draining excess water therefrom (column 2, lines 48-50 and column                                               
            4, lines 29-32).  Thereafter, the hydrated dried dates of a                                                     
            desired softness and a moisture content of from about 25 to 45%                                                 
            can be packaged (column 1, lines 31-42 and column 2, lines 48-                                                  
            50).                                                                                                            
                  Reznik (column 2, lines 63-68) teaches that a “conventional                                               
            water-soluble agent which will protect the fruit from spoiling in                                               
            storage” can be added to the water used in the vacuum treatment                                                 
            of the fruit.  Reznik (column 1, lines 38-42) suggests that the                                                 
            moisture content of the fruits after treatment with the solute                                                  
            can be from “about 25 to 45 percent.”  We agree with the examiner                                               













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