3

In reference to the patent: US20140302201

The use of gum arabic in wine has been allowed for a long time (see the Codex Oeunolgic Statu)

How is this invention an 'invention'?

1
  • Gilles - I have tried to correct your spelling and grammar, and removed your ALL CAPS, but I can't find a link to the Codex you mention.
    – Rory Alsop
    Mar 27, 2015 at 14:51

1 Answer 1

1

US 20140302201 is a published patent application waiting for examination.

During examination the examiner will consider whether or not the applicant's claimed invention, as defined by the claims, defines a patentable invention. If the combination of elements required by applicant's claims was taught by the prior art (e.g., the Codex Oeunoligic), I would expect the examiner to reject the claimed invention.

To issue as a patent, the applicant would then need to a amend the claims to be non-obvious over the prior art. How an examiner determines whether or not the claimed invention is obvious is discussed in MPEP 2143. Also see MPEP 2144.05 which discusses the obviousness of ranges.

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .