Ex parte POURRAT et al. - Page 9




                 Appeal No. 1997-2385                                                                                                                   
                 Application No. 08/271,571                                                                                                             


                 original water content prior to rehydration; (c) rehydrating the harvested plant to 95% of the                                         
                 water content at the time of harvest; and, (d) recovering at least 90% of the therapeutic                                              
                 active ingredient(s) present in the plants at the time of harvest.  The examiner has not                                               
                 pointed out, and we do not find, where these limitations are disclosed or suggested in the                                             
                 applied prior art.                                                                                                                     
                          Palmer discloses a process for producing fruit products exhibiting improved                                                   
                 organoleptic and visual properties (c. 2, ll. 14-17) by forming a wet blend of solids                                                  
                 (including hydrated cereal grains), drying and forming the blend into shaped pieces                                                    
                 (c. 6, ll. 19-21).  Palmer's process may include subjecting the wet blend with the flake                                               
                 grains to a soaking step to hydrate the flakes (c. 6, ll. 23-25).  The wet blend is then                                               
                 dehydrated with conventional dehydrating techniques, such as microwave heating (c. 6, ll.                                              
                 32-37).  Palmer states that the invention is applicable to edible plants (c. 3, ll. 10-14).                                            
                          Sugisawa discloses a process of drying foods under reduced pressure (c. 1, ll.                                                
                 6-7).  Sugisawa includes vegetable plants as a type of food that can be processed (c. 2, l.                                            
                 29).  According to this process, the food is swelled by vaporizing the water under reduced                                             
                 pressure and then dried "while retaining the swelled condition" (c. 2, ll. 59-62).  The drying                                         
                 step can be effected by infrared rays or microwaves (c. 3, l. 66 - c. 4, l. 2).                                                        
                          Lioutas discloses "improved methods for preparing dried green vegetables of                                                   
                 improved color stability" (c. 3, ll. 55-57).  According to Lioutas' method, vegetables are first                                       


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