Appeal No. 2002-2146
Application No. 09/428,261
appeal does not distinguish over the cited reference. With
regard to the exclusion of such sugar stabilizers from claims 23
and 69 (see the Brief, page 5), we repeat our remarks supra that
the use of premix stabilizers in Mehansho is “optional” (see col.
13, ll. 8-9). See col. 13, ll. 52-55, where Mehansho teaches
that the dry mixture of calcium carbonate, citric acid and malic
acid may be added to the sugar or water solution to produce a
calcium supplement.
Appellant also argues that, according to Mehansho, “a premix
stabilizer is required if calcium malate and calcium citrate
species are to remain in solution for more than a few hours”
(Brief, page 3, citing Mehansho, col. 12, ll. 27-29). This
argument is not well taken since Mehansho does not teach the
above quoted requirement. Mehansho teaches that “[w]ithout added
stabilizers, the highly soluble calcium citrate species are
stable in the premix solution for periods up to only about a few
hours.” See col. 12, ll. 27-29. Mehansho does not teach that
the calcium malate species will become insoluble but only that
the highly soluble citrate species will “tend to
disproportionate” to the corresponding acid and more insoluble
calcium citrate salts (col. 12, ll. 29-33). Therefore, even if a
portion or all of the calcium citrate species becomes insoluble
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