Appeal No. 1998-0370
Application No. 08/568,410
skill in the art.5 These compositions are composed of ingredients which are said to be
acceptable for the use on foods.6 Thus, we determine that one of ordinary skill in the art is
imputed with knowledge regarding the suitability of forming compositions for cleaning
fruits and vegetables which are not harmful to humans.
The Food and Drug Administration provides regulations for foods which are to be
sold in the United States. Regulation 21 CFR § 173.315 is entitled “Chemicals used in
washing or to assist in the lye peeling of fruits and vegetables.” Section 173.315 describes
conditions, amounts and preparation of substances suitable for washing fruits and
vegetables or assisting in the lye peeling of fruits and vegetables. Section 173.315 also
describes substances which are used in conjunction with flume water for washing sugar
beets. (21 CFR § 173.315(a)(3)). Kitamura describes detergent compositions which are
said to be suitable for cleaning vegetables and fruits. (Column 2, lines 51-58). Kitamura
5 It is axiomatic that admitted prior art in an applicants’ specification may be used in
determining the patentability of a claimed invention. (In re Nomiya, 509 F.2d 566, 570-71, 184 USPQ
607, 611-12 (CCPA 1975)); and that consideration of the prior art cited by the Examiner may include
consideration of the prior art found in applicants’ specification. (In re Davis, 305 F.2d 501, 503, 134
USPQ 256, 258 (CCPA 1962); cf., In re Hedges, 783 F.2d 1038, 1039-40, 228 USPQ 685, 686 (Fed.
Cir. 1986)).
6 The information disclosure statement, filed October 14, 1994, includes numerous references
which describe compositions suitable for the cleaning of fruit and vegetables. For example see the
following: DE 4,023,418, (Translation page 1 first paragraph); 4,002,579 (Column 1, first paragraph);
4,808,330 (Column 1, line 59 to column 2, line 8); and 4,140,649.
-6-
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007