Appeal No. 1996-3469
Application No. 08/268,708
obvious to adjust the weight ratio of the citric acid to the citrate buffer salt for carbonated
beverages, not non-carbonated ones.
Even so, there is no suggestion to select the ratio claimed. This ratio, as appellants have
argued, allows for the production of an acidic, fruit-flavored aspartame containing non-
carbonated beverage with both aspartame stability and a sour taste equivalent to a similar
beverage having a pH of about 2.9. Considering what the references do not teach and that no
good reason has been given why one of ordinary skill reading the prior art references would
select the particular citric acid to the citrate buffer salt ratio that is claimed for the acidic
aspartame-containing
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