Ex parte TAKEUCHI et al. - Page 8




          Appeal No. 94-4307                                                           
          Application 07/919,267                                                       


               The limitation in question is a negative limitation wherein             
          appellants’ claim 10 is open to the inclusion of compounds other             
          than ascorbic acid.  Appellants’ specification does not                      
          explicitly state that ascorbic acid is excluded from the                     
          thaumatin solution comprising the claimed invention and it fails             
          to provide any explanation as to why only ascorbic acid should be            
          excluded from the thaumatin solution as opposed to other                     
          compounds which may have similar chemical properties as ascorbic             
          acid.  The disclosure upon which the appellants rely on for                  
          support of the limitation is limited only to what is known in the            
          prior art.  The prior art did not disclose or suggest a reason               
          for excluding ascorbic acid from a thaumatin solution containing             
          a coloring agent or polysaccharide.  For the reasons given above,            
          we find that appellants’ specification, at the time the                      
          application was filed, would not have conveyed to a person having            
          ordinary skill in the art that ascorbic acid is substantially                
          absent from appellants’ thaumatin solution.  Accordingly, the                
          examiner’s rejection of claim 10 under 35 U.S.C.  112, first                
          paragraph, is affirmed.                                                      


                                                                                      



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