Appeal No. 95-1151
Application No. 07/965,202
Australian Journal of Dairy Technology, Dec. 1982, pages 139-
42), Bosworth (U.S. Patent No. 1,450,836), and Klupsch (U.S.
Patent No. 4,435,432). Claims 32 through 34, which are the
only other claims remaining in the application, stand
withdrawn from further consideration by the examiner as
directed to a non-elected invention.
On consideration of the record, including applicants'
Appeal Brief (Paper No. 12), the Examiner's Answer (Paper No.
13), the Reply Brief (Paper No. 16), and the Supplemental
Reply Brief (Paper No. 19), it is
ORDERED that the examiner's decision rejecting claims 11
through 31 is reversed.
Independent claim 11 requires the use of "a strain of L.
helveticus which exclusively forms lactic acid L(+)." Mani-
festly, the prior art relied on by the examiner is
insufficient to support a conclusion of obviousness of claims
containing that limitation. The cited prior art does not
disclose or suggest a strain of L. helveticus which
exclusively forms lactic acid L(+). Accordingly, the cited
prior art does not reach applicants' claimed process requiring
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