Ex Parte SPENCER - Page 5




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


          select claims 45, 51, and 81 and decide this appeal as to the               
          examiner’s ground of rejection on the basis of these claims only.           
               We affirm the aforementioned rejection for reasons which               
          follow.                                                                     
               The present specification admits that it is well known that            
          “oxygen can degrade many of the aroma and flavor components of”             
          liquid foods, such as fruit juices or other beverages.                      
          (Specification, page 8, line 24 to page 9, line 3.)                         
               FR ‘669 describes a method for stabilizing “products that              
          can be altered by air” during storage in containers.                        
          (Translation, page 1.)  According to FR ‘669, the method is                 
          suitable for preserving “biological products” such as an aqueous            
          solution of vitamin C or oxidizable oils such as raw vegetable              
          oils (e.g., grapeseed oil, sunflower oil, or corn oil).  (Id. at            
          pp. 1 and 4.)  The reference also teaches as follows:                       
                    The invention involves the use of a rare gas as a                 
               protective atmosphere, regardless of the mechanism by                  
               which the effect of the stabilization is obtained, the                 
               protective action of rare gases is superior to those of                
               other gases, such as nitrogen, may be due to the fact                  
               that they easily desorb the oxygen and humidity of the                 
               products to be preserved, and this would not have                      
               occurred or would be more difficult with other gases.                  














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