Appeal No. 1996-0351
Application 08/075,740
1969)(the conclusion of obviousness may be made from "common
knowledge and common sense" of the person of ordinary skill in
the art); In re Jacoby, 309 F.2d 513, 516, 135 USPQ 317, 319
(CCPA 1962)(artisans must be presumed to know something about
the art apart from what the references disclose). One of
ordinary skill in the art would have had "common knowledge and
common sense" to know that the "cured" pickle stock resulting
from either approach would be identical or substantially
identical since it would be subjected to the same negative
(vacuum) and high pressure treatments for the same total
period.
In any event, as acknowledged by appellants, the Winkler
references teaches that such treatments are used to infuse a
calcium salt into the pickle stock. Since the amount of the
calcium salt infused would affect the flavor of pickle stocks,
we agree with the examiner that it would have been obvious to
one of ordinary skill in the art to obtain pickle stocks
having a desired taste by subjecting them to negative (vacuum)
and high pressure treatments for an appropriate time, such as
the claimed time period.
Appellants argue that the Winkler reference is not
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