Appeal No. 95-1829
Application No. 08/068,040
(2) Claims 25, 38-47 and 49 are rejected under the
judicially created doctrine of obviousness-type double
patenting as being unpatentable over claims 1-20 of U.S.
Patent No. 5,244,684.3
Rejection under 35 U.S.C. § 103
Claims 25 and 38-47 are rejected under 35 U.S.C. § 103 as
being unpatentable over Kastin. We reverse this rejection.
The invention on appeal is directed to a composition
useful for inhibiting enzymatic browning of raw fruit and
vegetable juices containing at least one sulfated
polysaccharide in an amount sufficient to inhibit enzymatic
browning (see claims 38 and 39). The composition of claim 38
further includes a promoter in an amount sufficient to enhance
the browning inhibiting effect of the polysaccharide.
Preferred sulfated polysaccharides include carrageenans
(Specification, p.7, lines 6-8) and suitable promoters include
citric acid (Specification, p.8, lines 11-14; Specification,
p.9, lines 4-7).
3U.S. Patent No. 5,244,684 to Tong et al. granted
September 14, 1993 (hereinafter "Tong").
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