Appeal No. 2003-0234
Application No. 09/446,202
Claim 1: Murch ‘678 discloses a method for treating food by
an individual consumer, i.e., just prior to consumption, to
reduce the level of microorganisms on the surface of the food and
thereby make the food safe to eat (col. 11, lines 25-29). The
food is treated with an aqueous dilute treatment composition
which 1) can contain a toxicologically acceptable basic buffer,
2) has a pH of 9.5 or greater, preferably more than about 11, and
more preferably about 11.5 to about 12.5, and 3) preferably is
essentially free of any material that is not toxicologically
acceptable (col. 3, lines 4-7, 18-21 and 25-30).2,3 The treatment
time for obtaining good kill of microorganisms is at least about
1 minute, preferably at least 5 minutes, and for some
microorganisms, 10 minutes (col. 10, line 61 - col. 11, line 2).
Murch ‘678 teaches that longer treatment times give better
antimicrobial benefits, and at high concentrations and at pHs
equal to or above 11.5, antibacterial efficacy is achieved
quickly (col. 11, lines 2-7). Hence, Murch ‘678 would have
2 “By ‘toxicologically-acceptable’ is meant that any residues from the
ingredients of the compositions which may remain on the fruits or vegetables
cleansed therewith are safe for ingestion by humans and/or lower animals”
(col. 6, lines 59-61).
3 It reasonably appears that the composition which is essentially free
of any material that is not toxicologically acceptable does not need to be
rinsed before consumption.
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