In re Hayashibara

RICH, Judge.

This appeal is from the decision of the Patent and Trademark Office Board of Appeals affirming the rejection of product claim 11 in application serial No. 789,934, filed January 8, 1969, for “Process For Preparing Foods and Drinks.” 1 We reverse.

The Invention

Appellants claim to have discovered that lactitol, described in their application as a polyhydric alcohol obtained as a reduction product of lactose, has outstanding properties as a sweetening agent for goods and drinks in that it is noncrystallizable, highly soluble, and capable of retaining moisture, can confer stability on…