Appeal No. 95-0658
Application No. 08/069,456
the very small amount of residual sulfur dioxide
(apparently about .006% or 60 ppm) to effectively
act to prevent browning and spoilage of the apple
slice tissue.
Thus, this limitation is not presented as a selection from
amongst known choices of storage pH ranges.
Appellant raises this issue in the sentence bridging
pages 7 and 8 and in the first complete paragraph on page 12
of the Appeal Brief. The examiner responds in the paragraph
bridging pages 5 and 6 of the Examiner's Answer that:
the applied art in fact discloses the use of
acids in processing apples and the selection
of the optimum pH for apples viewing the
clear teachings of the art disclosing the
conventionality of the use of acids would
have been no more than the selection of a
suitable control well within the determination
of one having the ordinary skill in the art.
This statement fails to set forth the desired result that is
to be optimized or controlled. Is the examiner suggesting
optimization with respect to (1) the degree of tartness
imparted to the fruit pieces by the solution, or (2) to the
antioxidant, anti-browning effect of the acid in the solution,
or to some other effect? The acid component in the
preservative applied to the fruit is characterized by Tierney,
6
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