Appeal No. 95-1829
Application No. 08/068,040
Kastin discloses a pasteurized fruit juice comprising
fruit juice, a sweetener, a stabilizer, and a pH controlling
agent (col. 1, lines 55-68). According to Kastin, stabilizers
include carrageenan in an amount from about 0.01 to 0.02% by
weight (col. 2, lines 47-51), and the pH controlling agent
includes citric acid in an amount from about 0.1 to 0.2% by
weight (col. 2, lines 52-57).
According to the examiner (Answer, p.4):
The claims appear to differ from Kastin in the
recitation of inhibiting browning of the juice and
in the recitation of the particular level of
carrageenan added to the product. It would be
obvious to one of ordinary skill in the art to
utilize the process of Kastin to prepare the juice
of the claims since the inhibition of browning in
the juice is seen to inherently flow from the
process of Kastin (note column 2, lines 58-62 of
Kastin wherein preservatives and color enhancers are
recited for color preservation).
Kastin discloses at col. 2, lines 58-64:
The composition may also be provided with standard
additives such as preservatives, flavor and color
enhancing agents known to those in the food
industry. . . . The preservatives include potassium
sorbate and sodium benzoate . . . .
However, the examiner has failed to establish that, as
with raw fruit and vegetable juices, enzymatic browning is a
problem in pasteurized fruit juices. Therefore, we disagree
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