Appeal 2007-1183
Application 10/281,706
specifically discloses heating fresh fruit at mild temperatures for around
three minutes in order to inactivate enzymes in the surface layers of the fruit
and, thereby, prevent the undesirable loss of natural color via browning (see
para. bridging cols. 1 and 2). As noted by the Examiner, Gaudagni
exemplifies heating fresh peaches in an aqueous solution of 0.1% ascorbic
acid. Consequently, we find that one of ordinary skill in the art would have
found it obvious, based on the collective teachings of Guadagni and Gordon,
to store unripened fruits and vegetables, such as avocados, in darkness at
cool temperatures and then treat the fruits and vegetables with an acidic
solution at mild temperatures for about three minutes to inactivate the
enzymes in the surface layers. Hence, we agree with the Examiner that
methods within the scope of claims 17-19 on appeal would have been prima
facie obvious to one of ordinary skill in the art.
Concerning the puree composition of claim 8 which comprises the
fruit pulp composition of the claimed method, we agree with the Examiner
that Huchette evidences the obviousness of making puree compositions
comprising fruit pulp. Huchette discloses compositions comprising potato
pulp as a thickening base and various fruits, such as apples and apricots.
While Appellants contend that the combination of references “does not, even
in the slightest way, disclose the specific stable puree composition claimed
in this invention” (page 13 of Br., second paragraph), we think that
Appellants used the term “specific” rather loosely. The breadth of claim 8 is
quite extensive with respect to the specific fruit, the amount of water (about
20.0% to about 97.5%) the amount of thickening base (0.01 to about 10.0%)
and the amount of fruit pulp composition (about 1.0 to about 75.0%). Since
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