Ex parte SPENCER et al. - Page 2




          Appeal No. 1997-1059                                                        
          Application No. 08/305,733                                                  


                    (a) injecting an effective amount of an atmosphere                
               into the coffee in a closed space or into the closed space             
               containing the coffee, the atmosphere consisting                       
               essentially of a noble gas selected from the group                     
               consisting of argon, neon, xenon, and krypton; and                     
                    (b) saturating said coffee or said closed space                   
               containing said coffee with said atmosphere to more than               
               50% volume of full saturation with said noble gas; and                 
               maintaining said saturation throughout said coffee or said             
               closed space containing said coffee and during all the                 
               time that the coffee is present in said closed space.                  
               The subject matter on appeal relates to a method for improving         
          the aroma or flavor or both of coffee using the recited noble gases         
          (specification, page, 5).  The method comprises injecting an                
          effective amount of the recited noble gas into the coffee or into the       
          closed space containing the coffee, saturating the coffee or the            
          closed space containing the coffee with the noble gas to more than          
          50% volume of full saturation, and maintaining this “saturation”            
          condition throughout the coffee or the closed space containing the          
          coffee during all the time that the coffee is present in the closed         
          space.                                                                      
               As evidence of unpatentability, the examiner relies upon the           
          following prior art:                                                        
          The appellants’ admitted prior art as described on pages 2 and 3 of         
          the present specification (admitted prior art).                             


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