Appeal No. 2001-2538 Page 11
Application No. 08/894,193
is not an “amino component which accelerates discoloration,” as required by the
claim. Rather, EDTA inhibits sorbate-induced discoloration. See the
specification, page 4 (“[C]omplexing agents (EDTA or citrates) . . . slow down
sorbate-induced brown discolorations by complexing pro-oxidative metal ions.”).
Since we conclude that the examiner has not made out a prima facie case
of obviousness, we need not address Appellant’s allegation of unexpected
results.
Summary
The claimed invention is adequately described by the specification and
would not have been rendered obvious by Hirohata. We therefore reverse the
rejections under 35 U.S.C. §§ 103 and 112, first paragraph.
REVERSED
Toni R. Scheiner )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Demetra J. Mills )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Eric Grimes )
Administrative Patent Judge )
EG/dym
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