In re Erickson

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the decision of the Primary Examiner rejecting all of the claims, Nos. 17 to 24, inclusive, in appellant’s application for a patent for an alleged invention relating to a food product and a method of preparing it.

Claims 17, 18, 19, 23, and 24 are product claims. Claims 20, 21, and 22 are process claims.

Claims 17, 18, and 21 are representative of the appealed claims. They read:

17. A fruit composition comprising a fresh fruit material and a readily blend-able and compatible added sweetening…