Appeal No. 1996-3028
Application No. 08/270,429
which one wants left in the permeate (Answer, page 5). The
examiner also states that “[r]everse osmosis only differs from
UF by a matter of degree.” (Supplemental Answer, Paper No. 18,
page 2). We disagree.
Ermens specifically teaches that the ultrafiltration
permeate of milk or milk products is desired because the
“ultrafiltration permeate also has the same osmotic value as
blood” and thus is advantageous as a thirst-quenching beverage
(col. 2, l. 52-col. 3, l. 3; col. 6, ll. 5-29). Ermens
teaches that reverse osmosis uses a membrane that is
completely impermeable to lactose and salts and thus produces
a permeate of pure water “but such a process is hardly useful
for the preparation of beverages according to the invention.”
(col. 7, l. 55-col. 8, l. 4). The examiner has not
established any reason, suggestion or motivation to support
the conclusion that one of ordinary skill in the art would not
have wanted to retain the salts, lactose, and vitamins of the
UF permeate of Ermens and thus would have used the water from
RO (Answer, sentence bridging pages 4-5). In re Gordon, 733
F.2d 900, 902, 221 USPQ 1125,
7
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