Appeal No. 1997-0092
Application No. 08/215,015
additional grape juice blended with the low-sugar
fraction prior to fermentation, said additional grape juice
providing sugar for fermentation.
THE REFERENCES OF RECORD
As evidence of obviousness, the examiner relies upon the
following references:
Gogel 4,156,026 May 22, 1979
Lang et al. (Lang) 4,902,518 Feb. 20, 1990
Thumm 4,942,045 Jul. 17, 1990
THE REJECTION
Claims 7, 8, 10, 11, 14 and 15 stand rejected under 35
U.S.C. § 103 as unpatentable over Lang in view of Thumm, and
Gogel.
OPINION
As an initial matter, appellant’s Brief is devoid of any
statement that the claims rejected under 35 U.S.C. § 103 do
not stand or fall together. See Brief, page 3. Accordingly,
we select claim 11, one of the independent product claims, as
representative of appellant’s invention and limit our
consideration to said claim. 37 CFR § 1.192(c)(7) 1995.
We have carefully considered appellant’s arguments for
patentability. However, we are in complete agreement with the
examiner that the claimed subject matter is unpatentable in
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