Appeal No. 2006-0064 Παγε 14
Application No. 09/155,740
rehydration and Hsieh is directed to adding a water activity reducing humectant,
particularly glycerol, to reduce deterioration of a dried fruit during storage. See
pages 11-13 of the brief and paragraph 11 of the Reid declaration.
We disagree with that argument for reasons set forth above. In particular, Reznik
teaches how that both water and the solute (water soluble agent serving to prevent the
dates from spoiling during storage) are added together. Thus, one of ordinary skill in the
art considering Reznik in combination with the teachings of Hsieh would understand that
the higher moisture content rehydrated dates of Reznik would be better preserved in
storage by adding a known water soluble water activity controlling agent thereto, such
as a salt or a humectant, such as glycerol.6 Moreover, Reznik suggests that the
amount of moisture added (between 25 and 45 percent) to the dates prior to packaging
is a matter of choice or discretion and/or trade practices. See, e.g., column 1, lines 29-
42 of Reznik.
6 Because we find that the applied Reznik and Hsieh references coupled with the
admitted prior art set forth in appellants’ specification are sufficient to establish the
obviousness of the claimed subject mater to one of ordinary skill in the art, we need not
address the further teachings of Savage as additionally relied upon by the examiner.
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