Appeal No. 1997-3886
Application No. 08/232,460
reference also teaches that “other rare gases such as helium,
neon, krypton, and xenon are also suitable.” (page 4). Segall
teaches that helium is particularly useful as a preservation
atmosphere but other noble gases may be used (column 2, lines
18-23). Myers teaches the use of nitrogen, argon, helium or
carbon dioxide as a preservative gas (column 2, lines 29-30).
Powrie teaches gas flushing with nitrogen, argon, helium and
hydrogen to preserve fruit (column 10, lines 7-10).
Accordingly, it would have been well within the ordinary skill
in the art to combine two well known preservative gases, each
of which is taught by the prior art to be useful for the same
purpose, to form a mixture to be used for the very same
purpose. In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069,
1072 (CCPA 1980). The amounts of each gaseous component would
have been well within the ordinary skill of the art. See In
re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed.
Cir. 1990).
Appellant argues that French ‘669 is directed to treating
“biological products” and not vegetables (Brief, page 4).
This argument is not persuasive since “biological products” is
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