Appeal No. 95-1829
Application No. 08/068,040
In contrast, the amounts of carrageenan and citric acid
in the pasteurized juice of Kastin are lower than the amounts
in appellants' claimed invention. See col. 2, lines 49-51
(carrageenan present in an amount from about 0.01 to 0.02% by
weight, preferably about 0.015% by weight); col. 2, lines 56-
57 (citric acid present in an amount from about 0.1 to 0.2% by
weight).
Appellants' argue (Brief, p.7):
Kastin does not teach inhibition of enzymatic
browning in a raw juice and therefore provides no
guidance as to which component or components in his
disclosed composition could be optimized in order to
inhibit enzymatic browning in an unpasteurized
juice.
We agree. Absent any teaching or suggestion in Kastin that
carrageenan, either alone or in combination with citric acid,
inhibits enzymatic browning, one having ordinary skill in the
art would not have been motivated to increase the amounts of
carrageenan and citric acid. See In re Antonie, 599 F.2d 618,
620, 195 USPQ 6, 8-9 (CCPA 1977) (exception to rule that
discovery of optimum value of variable in known process is
normally obvious occurs when parameter optimized was not
recognized to be result effective variable).
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