Appeal No. 95-0658
Application No. 08/069,456
a refrigerated storage environment and maintaining the fruit
at a pH between 3.0-3.2. Moreover, Silver teaches away from
contacting the fruit with a liquid for any extended length of
time, since such "tends to leach out flavors" (col. 5, lines
16-33, and col. 6, lines 1-11).
Thus, in our view the references, neither alone nor in
combination, would have led one of ordinary skill in the art
to the claimed storage temperature and pH range subsequent to
the claimed preservative treatment.
For the reasons stated above we do not find that the
examiner has established a prima facie case of obviousness
with respect to claims 1-5, 7-11, 13-22 and 24-31 based on the
art before us.
CONCLUSION
The decision of the examiner refusing to allow claims 1-
5, 7-11, 13-22 and 24-31 under 35 U.S.C. § 103 is reversed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
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