Ex Parte SPENCER - Page 3




          Appeal No. 1997-0228                                                        
          Application No. 08/328,534                                                  


                    44.  The method according to Claim 81, wherein                    
               said citrus juice or precursor is saturated to more                    
               than 70% volume of full saturation.                                    
                    45.  The method according to Claim 44, wherein                    
               said citrus juice or precursor is saturated to more                    
               than 80% volume of full saturation.                                    
                    51.  The method according to Claim 81, wherein                    
               said atmosphere comprises 90% to 99% volume of argon,                  
               and 1% to 10% volume of xenon, or 1% to 10% volume or                  
               krypton or both.                                                       
               As evidence of unpatentability, the examiner relies upon the           
          following prior art references:                                             
          Bagdigian                2,569,217           Sep. 25, 1951                  
          Segall                   3,677,024           Jul. 18, 1972                  
          Fath et al.              5,128,160           Jul.  7, 1992                  
          (Fath)         (effective filing date Jul. 16, 1990)                        
          Georges                  1,339,669           Sep.  2, 1963                  
          (FR ‘669) (published                                                        
          FR patent document)                                                         
               In addition, the examiner relies on the appellant’s admitted           
          prior art as described in the present specification.                        
               Claims 42, 44 through 60, 62, and 64 through 82 stand                  
          rejected under 35 U.S.C. § 103 as unpatentable over the combined            
          teachings of FR ‘669, Segall, Fath, Bagdigian, and the admitted             















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