Ex parte TONG et al. - Page 2




                 Appeal No. 95-1829                                                                                                                     
                 Application No. 08/068,040                                                                                                             


                 appeal are directed to a composition useful for inhibiting                                                                             
                 enzymatic browning of raw fruit and vegetable juices.  Claims                                                                          
                 38 and 39 are illustrative of the subject matter on appeal and                                                                         
                 read as follows:                                                                                                                       


                 38. A composition useful for inhibiting enzymatic browning of                                                                          
                 raw juice selected from the group consisting of raw fruit                                                                              
                 juice, raw vegetable juice and mixtures thereof, which                                                                                 
                 composition consists essentially of (a) at least one sulfated                                                                          
                 polysaccharide in an amount sufficient to inhibit enzymatic                                                                            
                 browning; and (b) a promoter selected from the group                                                                                   
                 consisting of chelating agents, acidulants, and mixtures                                                                               
                 thereof in an amount sufficient to enhance the browning                                                                                
                 inhibiting effect of said polysaccharide; wherein said                                                                                 
                 polysaccharide is from about 0.025 percent weight:volume to                                                                            
                 about 1.0 percent weight:volume and said promoter is from                                                                              
                 about 0.25 percent weight:volume to about 1 percent                                                                                    
                 weight:volume.                                                                                                                         
                 39.  A raw juice selected from the group consisting of raw                                                                             
                 fruit juice, raw vegetable juice, and mixtures thereof,                                                                                
                 subject to enzymatic browning, containing at least one                                                                                 
                 sulfated polysaccharide in an amount effective to inhibit                                                                              
                 browning of said juice.                                                                                                                
                          The following rejections are at issue in this appeal:                                                                         
                          (1) Claims 25 and 38-47 are rejected under 35 U.S.C. §                                                                        
                 103 as being unpatentable over Kastin;2                                                                                                



                          2U.S. Patent No. 4,925,686 to Kastin granted May 15,                                                                          
                 1990.                                                                                                                                  
                                                                           2                                                                            





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