Appeal 2007-2598
Application 10/378,330
14; claims 5, 17, and 27; claims 16, 29; and claims 2, 5, 14, and 27; Reply
Br. 2-4).
The Examiner admits that King is silent with regards to any potassium
ion source, but contends that King suggests the inclusion of “additional
materials” within the skill of the artisan, while Igoe is evidence that an
artisan having common knowledge in this art would have added potassium
ion compounds to the antimicrobial meat composition of King for the
flavoring, water control, and pH control benefits taught by Igoe (Answer 4-
5).
The Examiner contends that the optimal ranges or amounts of each
ingredient would have been a result-effective variable easily determined by
one of ordinary skill in this art (Answer 6, 10, and 11).
Accordingly, the issues presented from the record in this appeal are as
follows: (1) Has the Examiner identified a reason that one of ordinary skill
in this art would have combined the teachings of King and Igoe?; and (2)
Would the amounts of each ingredient in the compositions of the claims on
appeal have been within the ordinary skill in this art?
We determine that the Examiner has established a prima facie case of
obviousness in view of the reference evidence, which prima facie case has
not been adequately rebutted by Appellants’ arguments. Therefore, we
AFFIRM the sole ground of rejection on appeal essentially for the reasons
stated in the Answer, as well as those reasons set forth below.
OPINION
We determine the following factual findings from the record in this
appeal:
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