Appeal No. 1996-0351
Application 08/075,740
phrase “a curing solution consisting essentially of water” in
claim 10, when read in light of the specification, does not
preclude a brine solution which contains calcium salts and a
significant amount of water. Note also that appellants have
not demonstrated that both additional negative and high
pressure treatment steps and a calcium salt materially affect
the basic and novel characteristics of the method defined in
the claims. See In re De Lajarte, 337 F.2d 870, 874, 143 USPQ
256, 258 (CCPA 1964).
As evidence of obviousness of the subject matter defined
by claims 1 through 6, 8 through 10, 12 through 14, 19, 20, 22
and 23 under 35 U.S.C. § 103, the examiner relies on the
Winkler reference. The examiner states, and appellants do not
dispute that:
Winkler et al. disclose a method for producing
sweet pickles where the pickle stock, such as
cucumbers, are pricked, immersed in a brine solution
and exposed to at least two cycles of a first
negative (less than atmospheric pressure) and then a
high (greater than atmospheric pressure) pressure.
The brine solution is comprised of 1 to 2% calcium
chloride in water. The parameters of the negative
pressure portion of a cycle are a negative pressure
of greater than 6,215 kg/m for a time ranging from 32
to 10 minutes. The parameters of the high pressure
portion of a cycle are pressures of 31,638 to 52,730
kg/m2
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007