Appeal No. 2003-0234
Application No. 09/446,202
1. A method for treating food to reduce the level of
microorganisms on the surface of said food and make it safe to
eat, said method comprising treatment occurring just prior to
consumption, comprising the step of contacting the surface of
said food with an aqueous dilute treatment composition comprising
toxicologically-acceptable basic buffer to provide a pH of
greater than about 10.5 and, optionally, toxicologically-
acceptable detergent surfactant, for a period of time in excess
of about one half of a minute, the composition being essentially
free of any material that adversely affects safety or
palatability, so that said food does not need to be rinsed before
consumption.
THE REFERENCES
Murch et al. (Murch ‘295) 5,498,295 Mar. 12, 1996
Murch et al. (Murch ‘678) 5,849,678 Dec. 15, 1998
THE REJECTIONS
The claims stand rejected under 35 U.S.C. § 103 as follows:
claims 1-13 and 15-21 over Murch ‘295, and claim 14 over
Murch ‘295 in view of Murch ‘678.1
OPINION
We affirm the aforementioned rejections. Because the
examiner does not rely upon Murch ‘678 in the final rejection, we
denominate the affirmance of the rejection of claim 14 as
involving a new ground of rejection. Under the provisions of
1 In the event of further prosecution, the examiner and the appellants
should address whether there is adequate antecedent basis for “said base-
stable anionic surfactant” in claim 14.
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