Ex Parte BORLINGHAUS - Page 2



          Appeal No. 2001-2492                                                        
          Application 08/817,277                                                      

                                    THE INVENTION                                     
               The claimed invention is directed toward a method for making           
          a beverage.  Claim 11 is illustrative:                                      
               11. A method of preparing a beverage comprising the steps              
          of:                                                                         
               (a) providing a transportable, non-homogenized flavor                  
          composition, said flavor composition comprising at least one                
          aqueous phase compound, at least one oil phase compound, and at             
          least one edible acid,                                                      
               wherein said flavor composition is provided in a unitized              
          quantity corresponding to an integer part of a single batch                 
          mixture of the beverage, said integer being greater than 0; and             
               wherein said flavor composition is concentrated such that              
          said aqueous phase compound and said oil phase compound separate            
          noticeably at 20°C within 2 hours when exposed only to                      
          gravitational forces;                                                       
               (b) providing a locally available dilution composition,                
          said dilution composition comprising water; and                             
               (c) mixing said flavor composition with 200 or more parts              
          of said dilution composition per part of said flavor composition,           
          without prior homogenizing and without prior metering of said               
          flavor composition to provide a single batch mixture of the                 
          beverage.                                                                   
                                   THE REFERENCES                                     
          Davis, Jr. et al. (Davis)         4,830,870         May 16, 1989            
          Elements of Food Technology 667-68 (Norman W. Desrosier ed., Avi            
          Publishing Co. 1977).                                                       
          Olindo Secondini, Handbook of Perfumes and Flavors 17-20, 74-76             
          (Chemical Publishing Co. 1990).                                             

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