Appeal No. 2002-2145
Application No. 09/113,808
placing the fruit in a gaseous atmosphere that comprises up to
0.05% oxygen by volume. Further details of this appealed subject
matter are set forth in representative independent claim 1 which
reads as follows:
1. A method for disinfesting insect pests in a
citrus fruit with minimal adverse effect on desirable
fruit quality comprising placing said citrus fruit
infested with insect pests in a gaseous atmosphere that
comprises up to 0.05% oxygen by volume, and is
sufficient to maximize killing of said insect pests,
with the balance inert gases, at a temperature in the
range of about 14º C to about 18º C for a time in the
range of about 16 [sic, 15]1 days to about 21 days.
All of the claims on appeal stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Liston in view of Urushizaki
and Florida Entomologist.2
We refer to the brief and to the answer for a complete
exposition of the opposing viewpoints expressed by the appellants
and by the examiner concerning the above noted rejection.
1 A comparison of amendment C (paper no. 13) with amendment B (paper no.
10) reveals that the appellants have inadvertently introduced an error into
claim 1 by typing the number “16" rather than “15". This error has no impact
on the issues before us particularly since the claim feature affected by this
error has not been a subject of argument in the brief. In any event, the
error should be corrected in any further prosecution that may occur.
2 As indicated on page 6 of the brief, the appealed claims will stand
or fall together. Therefore, in assessing the merits of the rejection before
us, we will focus only on claim 1 which is the sole independent claim in this
application. 37 CFR 1.192(c)(7) (2001).
2
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