Appeal No. 1998-0370
Application No. 08/568,410
BACKGROUND
The invention is drawn to a composition suitable for cleaning produce especially
fruits and vegetables. The claimed compositions are said to contain only ingredients that
are generally regarded as safe. Claim 1 which is representative of the invention is
reproduced below:
1. A composition suitable for cleaning produce, even when the
composition is incompletely removed from said produce,
containing only Generally Regarded As Safe ingredients.
As evidence of obviousness, the Examiner relies on the following references:
Kitamura et al. (Kitamura) 5,306,444 April 26, 1994
United States Code of Federal Regulations, Title 21 § 173.315, April 1, 1992.3
(21 CFR § 173.315)
The Board relies on the following reference as basis for entering a new ground of
rejection:
Tricca 5,320,772 June 14, 1994
(filed May 18, 1992)
that the amendment of January 16, 1997 has not been clerically entered. However, for purposes of
this appeal, we will consider claim 1 on appeal as if the amendment of Jan. 16, 1997, was correctly
entered.
3 We note that appendix III of Appellants’ Brief contains the 1995 version of 21 CFR
§ 173.315.
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