Appeal No. 1997-3886
Application No. 08/232,460
generic to foodstuffs including vegetables and appellant
admits in the specification that argon has been used in the
preservation of vegetables. Appellant argues that Segall
relies upon ultrahyperbaric pressures (Brief, page 4) but, as
noted by the examiner on page 4 of the Answer, the claimed
process does not recite any pressure limitations. Appellant
submits that Powrie is directed to the preservation of fruit
and the examiner has not supported his position that fruit and
vegetables are considered indistinguishable for purposes of
preservation in this art (Brief, pages 5-7). However, this
argument is not well taken since the examiner has submitted
evidence to support his position, namely the citation of Fath
to show the equivalent treatment of fruits and vegetables in
this art (Answer, page 6).
For the foregoing reasons, we determine that the examiner
has established a prima facie case of obviousness in view of
the reference evidence.
B. The Rejection over Fath
The examiner finds that Fath discloses preservation of
vegetables by treating them with an atmosphere of argon,
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