Appeal No. 2001-2492
Application 08/817,277
Food Flavorings 106, 113, 114, 175, 178, 179 (P.R. Ashurst ed.,
Blackie Academic & Professional 1995) (Ashurst).
THE REJECTION
Claims 11-13 and 15-18 stand rejected under 35 U.S.C. § 103
as being unpatentable over Davis in view of Ashurst, Secondini
and Elements of Food Technology.
OPINION
We reverse the aforementioned rejection. We need to address
only claim 11, which is the sole independent claim.
The portion of Davis relied upon by the examiner (answer,
page 3) is the control beverage concentrate in example 2, which
has the following composition (col. 4, lines 34-45):
Component Weight percent
Water 93.4
Citric acid 4.6
Lemon oil emulsion 0.8
Potassium citrate 0.7
Aspartame 0.3
Preservatives 0.2
100.0
This concentrate is diluted with water at a 5:1 water-to-
concentrate ratio (col. 4, lines 50-51).
The portions of Ashurst relied upon by the examiner (answer,
pages 3-4) are the strawberry essence/water volumetric ratio in
the strawberry milk-based beverage in table 6.11 (page 175), and
3
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