Appeal 1995-2560
Application 07/833,973
processes are within the scope of components appellants teach
are suitable for use in performing the processes they claim to
make products for the utility they indicate. Nevertheless
appellants argue that, unlike the final products made by
processes comprising the steps of their claimed processes, the
final products made by the processes described by Zaffaroni by
combining what appears to be the same or substantially the
same components are water soluble. If appellants’ arguments
are correct, our findings are inconsistent. In fact, they are
not.
While we agree with appellants’ argument that Zaffaroni’s
final products are all water soluble, Zaffaroni teaches that
substantially water insoluble intermediate products which also
are made by the processes he discloses must be converted to
their water soluble form for use as flavor imparting agents.
Thus,
we find that Zaffaroni describes not only direct processes for
making water soluble nonnutritive flavor imparting compounds
but also indirect processes for making water soluble
nonnutritive flavor imparting compounds by producing
substantially water insoluble precursor or intermediate
compounds and thereafter chemically improving their water
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