Appeal No. 95-1641
Application No. 07/825,927
the rate of cooling necessarily requires the maintenance of a
certain temperature difference.
Appellants’ reliance on the Kawaizumi and Rychly
references is noted. See Brief, page 8. However, these
references do not indicate that the cooling rate described in
the Yamauchi reference does not translate into the claimed
temperature difference. As indicated by appellants (Brief,
page 8), they simply state a mere truism that “the heat
capacity is very much dependent on concentration and
temperature.”
Appellants also argue that the Yamauchi reference does
not necessarily teach maintaining “the fructose solution as a
supersaturated solution.” See Brief, page 14. We are not
convinced by this argument. Contrary to appellants’ argument,
the Yamauchi reference states (col. 1, lines 54-68):
According to the present invention, it has now
been found that anhydrous fructose crystals can be
obtained from aqueous solutions of fructose in high
yields without forming the hemi-or dihydrate
crystals if the crystallization is carried out
within a certain range of fructose concentration and
temperature.
It has been also found that this range lies
within the supersaturation area a below the point at
which the hemihydrate begins to crystallize out. If
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