Appeal No. 1996-3469
Application No. 08/268,708
1976), the prima facie case must be considered anew in view of this evidence.
Now turning to the merits of the rejection.
The claims call for a non-carbonated beverage containing aspartame, citric acid and
citrate buffer salt wherein the beverage has a pH of 3.2 to 3.6 and a weight ratio of the citric
acid to the citrate buffer salt of 2.7-3.5:1 and a sour taste which is equivalent to fruit-flavored
beverages having a pH of about 2.9. These are the salient but not all the features required by
the claims. But even these are not disclosed.
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