Appeal No. 1997-2565
Application 08/382,588
consumption” consisting essentially of roughly equal amounts of orange juice from
1
concentrate and tomato juice from concentrate. The independent claims are 1, 4, 6, 8,
and 12. Claims 1, 4, and 6 require 60-1,200 mg/L of ascorbic acid (Vitamin C) and
2
require “sufficient food additive preservative substance to prevent spoilage”. Claim 8
involves a method which consists essentially of mixing approximately equal portions of
orange juice concentrate and tomato juice concentrate with water in the amount of
approximately three times the amount of the concentrates, without the ascorbic acid or
preservative required in the other independent claims. Claim 12 also requires “sufficient
3
food preservative to prevent spoilage” but not ascorbic acid (Vitamin C).
The prior art
Tarr is cited for its description of a beverage based on the combination of orange
and tomato juices. The relevant portion of Tarr is the following recipe from p. 143:
MINTED TOMORANGE-ADE
YIELD: 1 QUART
2 Cups tomato juice
½ Cup granulated sugar
2 Cups mint leaves
2 Cups orange juice
The amounts of each are about 40-60 vol.% (claim 1), about 40-60% (claim 4), about equal … by1
volume (claim 6), approximately equal (claim 8), or about/approximately 50 vol.% (claims 3 and 12).
Claim 1 requires that the food preservative be sufficient “to prevent spoilage of the beverage after2
it has been sterilized while in sealed sterile containers”, whereas claim 6 requires the food preservative be
sufficient “to prevent spoilage of the mixture while shipped, marketed and stored in a frozen condition.”
Claims 4 and 6 require “about” 60-1,200 mg/L of ascorbic acid.
Claim 12 requires that the food preservative be sufficient “to prevent spoilage of the beverage after3
it has been sterilized while in sealed sterile containers”
-3-
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007