Appeal No. 1997-0092
Application No. 08/215,015
which it is stripped. See column 3, lines 34-41. Moreover, a
third component derived from the pressed skins of the fruit
and containing acid, flavor, tannin and color are added to the
low sugar fraction. See column 3, lines 59-68. Finally,
grape juice may be added to the wine after fermentation. See
column 5, lines 46-53. We determine based upon the above
findings that the low-alcohol wine of Lang contains each of
the components present in the claimed subject matter. Based
upon the above analysis, we conclude that the low alcohol wine
prepared by Lang possesses the body, aroma and character of
traditional wine. Hence, the teachings of Lang meet the
requirements of the claimed subject matter. Stated otherwise,
we conclude that the low alcohol wine product of the appellant
produced by the process of the claimed subject matter is the
same or obvious from the product of Lang and the claimed
subject matter is unpatentable even though the product was
made by a different process. Accordingly, we conclude that
the examiner has established a prima facie case of obviousness
over Lang. Therefore, the burden now shifts to the appellant
to prove that the prior art products do not necessarily or
inherently possess the characteristics of the claimed product.
5
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007