Appeal No. 95-4689
Application No. 08/062,494
DECISION ON APPEAL
This appeal was taken from the examiner's decision
finally rejecting claims 1 through 8 and 11 through 22, which
are all of the claims remaining in the application.
Claim 1, which is illustrative of the subject matter on
appeal, reads as follows:
1. A method for reducing or eliminating a malodorous effect
on breath from eating a vegetable selected from the group
consisting of garlic, onion, and radish, said method
comprising the steps of eating at least one of said vegetables
and ingesting active dry yeast, wherein said ingested active
yeast has been selected for survival under acidic conditions
or has been enteric coated and said ingested active yeast is
in an effective dosage to signifi-cantly reduce or eliminate
said malodorous effect.
In rejecting the appealed claims, the examiner does not
rely on any prior art references.
The issue presented for review is whether the examiner
erred in rejecting claims 1 through 8 and 11 through 22 under
35 U.S.C. § 112, first paragraph, as based on a non-enabling
disclosure.
On consideration of the record, including appellant's
Revised Brief on Appeal (Paper No. 36) and the Examiner's
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Last modified: November 3, 2007