Appeal No. 2004-2197
Application No. 09/144,851
The examiner relies on the following prior art references
as evidence of unpatentability:
Castillon et al.1 5,415,775 May 16, 1995
(Castillon)
Saike et al.2,3 4-190780 Jul. 9, 1992
(Saike)(published unexamined
(JP application)
Ron S. Jackson, Wine Science: Principles and Applications 229,
279-80 (Academic Press 1993).
Claims 21 through 24 and 27 through 30 on appeal stand
rejected under 35 U.S.C. § 103(a) as unpatentable over Saike in
view of Jackson. (Answer at 3-4.) In addition, claim 31 on
appeal stands rejected under 35 U.S.C. § 103(a) as unpatentable
over Saike in view of Jackson and further in view of Castillon.
(Id. at 4.)
We reverse both rejections.
1 Castillon is not listed in the “Prior Art of Record”
section of the answer but was relied upon as evidence in support
of obviousness in the final Office action. (Answer at 2; final
Office action at 2.)
2 Both the appellants and the examiner identify this
reference as “Seike.” (Appeal brief at 4; examiner’s answer
mailed Feb. 17, 2004 at 2.)
3 In our discussion below, we rely on the United States
Patent and Trademark Office English language translation of
record.
3
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