Appeal No. 95-1641
Application No. 07/825,927
a supersaturated solution falling within such range
is seeded with crystals of anhydrous fructose and
then the equilibrium between the liquid-solid phases
of the system is shifted to a direction in which the
degree of supersaturation of the liquid phase is
enhanced, crystallization of anhydrous fructose may
be achieved very satisfactorily.
The Yamauchi reference also teaches maintaining the same or
similar sugar concentration in a solution (same level of
saturation) as appellants’ during crystallization. Compare
Table 2 at columns 7 and 8 of Yamauchi with appellants'
examples at pages 15-17. Thus, we conclude that the Yamauchi
reference does describe the claimed level of supersaturation.
Even were we to conclude that the Yamauchi reference does
not specifically mention the claimed level of supersaturation,
our conclusion would not be altered. In view of the above
teaching of the Yamauchi reference, we are of the view that
the determination of workable or even optimum supersaturation
level would have been obvious to an artisan with ordinary
skill. See In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d
1934, 1936-37 (Fed. Cir. 1990); In re Boesch, 617 F.2d 272,
276, 205 USPQ 215, 219 (CCPA 1980).
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