Appeal No. 95-0658
Application No. 08/069,456
Guadagni and Silver as effecting both the tartness and the
color of the treated fruit. However, these references do not
recite an appropriate pH for either the preservative solution
or the storage environment. Would the optimization of either
the taste or antioxidant effect result in a method which
included a storage environment pH of 3.0-3.2? The examiner
has not provided any reason why this would be the case.
As quoted above, the last phrase of each of the
independent claims at issue herein requires the storage
environment to be "a non-freezing refrigerated environment" in
addition to stating the specific pH for the storage
environment.
We have reviewed the art for the features of refrigerated
storage and acid use, and found the following:
1) Glabe teaches storage of treated fruit at refrigerator
temperatures, but does not add acid to the preservative
solution which has been used to treat the fruit;
2) Tierney treats fruit with a solution including acid,
but does not include sulfur dioxide in the treatment; does not
specify a desirable pH range for the resultant fruit; and,
teaches that the treated fruit is to be frozen for storage;
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