Appeal No. 2003-0234
Application No. 09/446,202
that the method is carried out by individual consumers (col. 6,
lines 27-32) indicates that the uses of the method include
treatment of produce just prior to consumption. The surface of
the produce is contacted with an aqueous dilute treatment
composition which can comprise a toxicologically-acceptable basic
buffer to provide a pH which is preferably about 11.5 and
preferably is not greater than about 12.5 (col. 4, lines 63-64;
col. 5, lines 28-49; col. 6, lines 62-67; col. 9, lines 35-38).
The disclosure that light scrubbing may be required (col. 12,
lines 4-5 and 31), and a disclosure regarding the produce being
not completely rinsed (col. 4, lines 17-22), indicate that the
composition can remain in contact with the produce for a length
of time required to scrub the produce, and also from the time the
composition is applied to the produce until the produce is
consumed. These times reasonably appear to include times of at
least about have a minute. Also, the teaching that the typical
use of the method involves treating individual items of produce
which would make preparation of a bath of the composition
wasteful (col. 11, lines 1-3) would have fairly suggested, to one
of ordinary skill in the art, using a bath when multiple items
are to be treated. It reasonably appears that the contact times
of the composition with the produce, from the time the produce is
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