Appeal No. 95-2638
Application 08/022,174
subject matter defined in claims 1 through 5 including quick
cooking dehydrated vegetable pieces having incorporated
therein alkali metal carboxylate at a concentration of 1 to 4%
by weight.
The examiner's rejection of claims 1 through 5 under 35
USC § 102(b) as anticipated by Lioutas is reversed.
35 USC § 103
We have carefully considered the examiner's rejection of
claims 1 through 9 and 14 through 17 under 35 USC § 103 as
unpatentable over the combined disclosures of Lioutas, Lewis,
and Bevan. We think it clear that neither Lewis nor Bevan
cure the deficiency of Lioutas which has been discussed above
in conjunction with the rejection under 35 USC § 102.
That is, even if Lioutas, Lewis, and Bevan were combined
in the manner proposed by the examiner, the combination would
not have led a person having ordinary skill in the art to the
claimed product or process of making that product where alkali
metal carboxylate is present at a concentration of 1 to 4
percent by weight. The proposed modification of Lioutas, per
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