Appeal No. 2003-1856
Application No. 08/879,322
the artisan is to employ the imaging system and computer analysis
to analyze fruit particles in a sugar and/or starch matrix
without removing the particles from the matrix. Even specific
software, i.e., Global Image 3.0 from Data Translation Inc., is
disclosed. Accordingly, the examiner is mistaken when arguing
that the instant specification discloses no definite image
analysis specific to measurement of fruit particles within a
starch and/or sugar matrix.
We would also point out that, to whatever extent it may be
considered that Queisser discloses analysis of a fruit product,
Quiesser appears interested only in analyzing the food products
for color variations and not for analyzing the food products
without removing them from a fruit matrix. Even the examiner
recognized that no fruit within a sugar and/or starch matrix was
suggested by Queisser and so the examiner turned to Wilkinson for
a teaching of a starch matrix. It is true that Wilkinson teaches
a starch matrix, but the whole point of Wilkinson is to image
that starch matrix itself, and not to image fruit particles, or
anything else, while avoiding the matrix, but without removing
the fruit particles from the matrix.
Because Queisser lacks any teaching of fruit particles in a
sugar and/or starch matrix and the starch matrix taught by
-9–
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