Ex parte NURMI et al. - Page 7




          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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