Appeal No. 94-4307
Application 07/919,267
is incumbent upon the examiner to identify wherein each and every
facet of the claimed invention is disclosed in the applied
reference. Lindemann Maschinenfabrik GmbH v. American Hoist and
Derrick, 730 F.2d 1452, 1458, 221 USPQ 481, 485 (Fed. Cir. 1984).
In the claims on appeal, an effective amount of the
chitosan, hydrolyzed chitosan or a mixture thereof is added to a
solution containing thaumatin and a substance which decreases the
sweetness of thaumatin to prevent the decrease in sweetness of
thaumatin. The examiner rejected the claims under 35 U.S.C.
§ 102(b) as being anticipated by the Japanese Laid Open
Application 2-174649. The reference teaches adding chitosan to a
solution (e.g. apple juice) containing thaumatin to prevent
coagulation and separation of thaumatin when it is used in the
presence of negatively-charged substances (e.g. apple juice).
The reference does not disclose adding hydrolyzed chitosan or a
mixture of hydrolyzed chitosan and chitosan to a solution
containing thaumatin. Nor does the reference disclose that a
substance which decreases the sweetness of thaumatin is present
in a solution containing thaumatin when chitosan is added. Since
the examiner has not established that each and every facet of the
claimed invention is disclosed in the applied reference, we
cannot agree with the examiner that the claimed subject matter
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