Appeal No. 2006-0064 Παγε 5
Application No. 09/155,740
that it would have been obvious to one of ordinary skill in the
art at the time of the invention to employ a water activity
control solute, such as glycerol as taught by Hsieh, as an
additive solute to the fruit of Reznik prior to packaging the
treated fruit. This is so because of the aforementioned
teachings of Reznik and Hsieh together with the well known use of
water activity control agents, such as salts, sugars or glycerol,
as additive solute agents applied to fruits for stable storage
(preservation or spoilage prevention), as acknowledged by
appellants at page 1, lines 26-31 of the specification.1
1
1It is axiomatic that admitted prior art in applicants’
specification may be used in determining the patentability of a
claimed invention and that consideration of the prior art cited
by the examiner may include consideration of the admitted prior
art found in applicants' specification. See In re Nomiya, 509
F.2d 566, 570-571, 184 USPQ 607, 611-612 (CCPA 1975).
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