Appeal No. 1996-0351
Application 08/075,740
for a time ranging from about 2 to 10 minutes (Claim
1). The pickle stock is then separated from the
brine solution and placed into a high sugar syrup
(col. 3, lines 59 to 64). [See Answer, page 3].
The above finding indicates that the Winkler reference does
not mention that the pickle stock immersed in a brine solution
be subjected to both the negative (vacuum) and high pressures
for less than or equal to one minute. However, as indicated
supra, the claims do not preclude repeating negative and high
pressure treatments until the total duration of the negative
and high pressure treatments equals 2 to 10 minutes as
disclosed in the Winkler reference. Accordingly, we agree
with the examiner that it would have been obvious to subject a
pickle stock, such as cucumbers, in a brine solution to both
negative and high pressure treatments once or twice for a
prolonged period or repeatedly (many times) for the claimed
shorter period to expose the pickle stock to the negative and
the high pressure treatments for the duration taught by the
Winkler reference. See In re Sovish, 769 F.2d 738, 742-43,
226 USPQ 771, 774 (Fed. Cir. 1985)(skill is presumed on the
part of those practicing in the art); In re Bozek,
416 F.2d 1385, 1390, 163 USPQ 545, 549-50 (CCPA
6
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