Appeal No. 93-2757
Application 07/908,856
reference teaches that the temperature of drying is a result-
effective variable, i.e., drying the flowerheads at
temperatures no higher than 50EC produces a relatively high
content of chamazulene and (-)-"-bisabolol in the recovered
product. See the reference, page 7, line 62 through page 8,
line 30; page 9, lines 46 through 52; and page 13, lines 4
through 25. On these facts, we do not believe that claim 17
of GB 2 170 404 A, considered in conjunction with Example 7,
unequivocally describes a process of subjecting fresh camomile
flowers to aqueous or steam distillation. Rather, the more
plausible interpretation of the reference is that fresh
flowerheads are used to prepare dried flowerheads which, in
turn, are used to prepare essential oils by aqueous or steam
distillation. To the extent that the previous Board opinion
(Appeal No. 90-1845, dated August 28, 1991) may be interpreted
as finding that Example 7 of the British patent, coupled with
claim 17 therein, describes the invention here defined in
claim 14, we disagree.
For these reasons, we reverse the rejection of claim 14
under 35 U.S.C. § 102(b) based on the description in GB 2 170
404 A.
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