Appeal No. 1997-0117
Application No. 08/291,741
Declaration demonstrates that the treatment of meat with
argon, alone or in admixture with a carrier gas comprising at
least 70% argon, produces a considerable percent color
improvement and a percent color stability improvement compared
to a treatment with nitrogen, the specified inert of Woodruff
and Ferrar, which effects no improvement. The Declaration
also demonstrates that treatment with argon yields a marked
improvement in color and color stability in comparison with
helium, the exemplified atmosphere of Segall. In the words of
the declarant, such improvement
"would not be expected by the artisan . . . [ ] these results
are commercially significant" (page 4 of Declaration). The
examiner, on the other hand, fails to set forth a rationale
why the improved results of the Declaration would have been
expected by one of ordinary skill in art.
We are not persuaded by the examiner's criticism that the
Declaration does not provide a comparison with the treating
atmosphere of Woodruff which comprises carbon dioxide as a
carrier. The treating atmosphere of Woodruff can contain as
little as 10% carbon dioxide with the balance being
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