Appeal No. 2000-1087
Application No. 08/976,102
crystals and particles of a slowly-soluble calcium salt, salt
sucrose crystals having a particle size of about 3-50 microns and
wherein said crystalline sugar product is prepared by concentrating
a sugar syrup containing at least 80% sucrose to a solids content
of about 90 to 98%, admixing the concentrated sugar syrup with the
calcium salt, subjecting the admixture to vigorous mechanical
agitation within a crystallization zone until a crystallized sugar
product is formed and recovering said product from the
crystallization zone.
The prior art reference of record relied upon by the examiner
is:
Hembling et al. (Hembling) 5,389,393 Feb. 14, 1995
The prior art reference of record relied upon by the Board is:
Chen et al. (Chen) 4,338,350 Jul. 6, 19821
Claims 21 through 23, 2 through 7 and 11 through 14 stand
rejected under 35 U.S.C. § 103 as unpatentable over the disclosure
of Hembling.
We reverse.
Under 35 U.S.C. § 103, “the examiner bears the initial burden,
on review of the prior art or on any other ground, of presenting a
prima facie case of unpatentability.” In re Oetiker, 977 F.2d 1443,
1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). In other words, the
examiner must provide a sufficient factual basis to support his
1 A copy of this prior art reference is attached to this
decision.
2
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