Ex parte CARROLL - Page 8




          Appeal No. 95-0658                                                          
          Application No. 08/069,456                                                  


               3) Guadagni treats fruit with an acid containing solution              
          which can include sulfites, but fails to discuss a desirable                
          pH for storage and teaches that the treated fruit is to be                  
          frozen for storage; and                                                     
               4) Silver sprays a solution containing both acid and                   
          sulfite onto fruit pieces which are subsequently dried, and                 
          discusses the effects of varying the amount of acid used in                 
          the treatment solution.  Silver mentions the variation in the               
          amount of acid used only with respect to the degree of                      
          tartness imparted to the fruit, as opposed to any enhancing                 
          effect on the storage conditions.                                           
               The only reference (Glabe) that teaches refrigerated                   
          storage does not treat the fruit with an acid and suggests the              
          use of substantially greater amounts of sulfur dioxide than                 
          those allowed in the methods claimed herein.  The broadest                  
          range claimed herein is "0.015% - 0.025%" of the preservative               
          solution (claims 1 and 16) which translates to 150 - 250 ppm                
          of the solution.  The specification discusses the criticality               
          of this range in the paragraph bridging pages 11 and 12                     
          wherein the use of 300 ppm of sulfur dioxide in the                         
          preservative solution results in undesirable noticeable                     
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