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). 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007