Appeal 2007-1183
Application 10/281,706
(a) claims 17 and 18 over Guadagni in view of Gordon,
(b) claim 19 over the stated combination of references further in view
of Composition of Foods,
(c) claims 8, 10-13, 16, 20, 22 and 23 over Huchette in view of
Guadagni, Chen, Sims and Composition of Foods, and
(d) claim 9 over the references cited in (c) above further in view of
Jen,
(e) claim 14 over the combination of references stated in (c) above
further in view of Rumberger
(f) claim 21 over the references cited in © above further in view of
Chen and Ban.
We have thoroughly reviewed each of Appellants’ arguments for
patentability. However, we are in complete agreement with the Examiner
that the claimed subject matter would have been obvious to one of ordinary
skill in the art within the meaning of § 103 in view of the applied prior art.
Accordingly, we will sustain the Examiner’s rejections for essentially those
reasons expressed in the Answer, and we add the following primarily for
emphasis.
We consider first the Examiner’s rejection of the method recited in
claims 17-19. We concur with the Examiner that Gordon establishes the
obviousness of harvesting fruits and vegetables, such as avocados, before
ripening and storing them in a dark room at cool temperatures. As pointed
out by the Examiner, Gordon expressly teaches storing unripened avocados
at home in a dark, brown paper bag at around 15°C, which temperature falls
within the claimed range for storing. Guadagni, on the other hand,
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