Appeal No. 95-1829
Application No. 08/068,040
To the extent that "Fruit Fresh" type additives typically
contain organic acids such as ascorbic and citric acid
(Answer, p.6), the use of "Fruit Fresh" to inhibit enzymatic
browning of fruit juice and fruit product fails to cure the
deficiencies of Kastin. The examiner has failed to establish
that one having ordinary skill in the art would have been
motivated to use a composition containing citric acid in
combination with at least one sulfated polysaccharide in an
amount claimed by appellants to inhibit enzymatic browning in
a raw fruit or vegetable juice. See claim 38.
For the reasons set forth above, the rejection of claims
38 and 39 under 35 U.S.C. § 103 as being unpatentable over
Kastin is reversed. Claim 25 is dependent on claim 38, and
claims 40-47 are dependent on claim 39. Therefore, the
rejection of claims 25 and 40-47 under 35 U.S.C. § 103 as
being unpatentable over Kastin is also reversed. See 37 CFR §
1.75(c) ("Claims in dependent form shall be construed to
include all the limitations of the claim incorporated by
reference into the dependent claim.").
Double patenting rejection
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