Appeal No. 1996-0351
Application 08/075,740
examiner and appellants in support of their respective
positions. As a consequence of this review, we make the
determinations which follow.
The claimed subject matter is directed to a method of
curing a pickle stock, such as cucumbers. See, e.g., claims
1, 8, 10, 13, 19 and 22. The method consists essentially of
the steps of immersing the pickle stock in a curing liquid,
applying a vacuum pressure to the immersed pickle stock for
less than or equal to one minute and applying an unknown
pressure to the immersed pickle stock for less than or equal
to one minute. See claim 1. The immersed pickle stock may be
subjected to additional vacuum or unknown pressure. See
claims 19 and 22. The curing liquid is selected from the
group consisting of water, a liquid containing sweetener or
vinegar and a brine solution. See, e.g., claims 2-5.
Although the transitional phrase “consisting essentially of”
is used in claims 1, 19 and 22, it, when read in light of page
6, lines 1-4, of the specification, does not preclude
additional vacuum and high pressure treatments. In re Herz,
537 F.2d 549, 551, 190 USPQ 461, 463 (CCPA 1976); Ex parte
Boukidis, 154 USPQ 444, 444 (Bd. App. 1966). Similarly, the
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