Ex parte HENICK-KLING et al. - Page 2




              Appeal no. 1997-3953                                                                                         
              Application 08/392,615                                                                                       


                                                DECISION ON APPEAL                                                         
                     This is an appeal under 35 U.S.C. § 134 from the final rejection of claims            3               
              through 5 and 8 through 22, all the claims remaining in the application.  Claims 8, 9 and 14                 
              are representative and read as follows:                                                                      
                     8.  A culture medium for a starter culture for winemaking involving malolactic                        
              fermentation, said culture medium being a synthetic non-vegetable juice containing                           
              medium comprising on an aqueous liquid medium basis:                                                         
                     (a) from about 4 to about 6% of a sole carbohydrate source consisting essentially of                  
              fructose and glucose and containing on a fructose plus glucose basis from about 97% to                       
              about 55% fructose and from about 3% to about 45% glucose,                                                   
                     (b) from about 0.19% to about 0.7% L-malic acid or salt thereof,                                      
                     (c) malolactic bacteria growth supporting amount of a nitrogen source,                                
                     (d) malolactic bacteria growth supporting amount of essential minerals and                            
              vitamins.                                                                                                    
                     9.  A method of propagating Leuconostoc oenos strains selected from the group                         
              consisting of Er-1a, Lo107, Lo42, PSU-1, Lc5m and Oeno, said method comprising                               
              propagating said bacteria in a culture medium which consists essentially of the culture                      
              medium of Claim 8.                                                                                           
                     14.  A culture medium for a starter culture for winemaking involving malolactic                       
              fermentation, said culture medium being a synthetic non-vegetable juice containing                           
              medium comprising on an aqueous liquid medium basis:                                                         
                     (a) from about 4 to about 6% of a sole carbohydrate source consisting essentially of                  
              fructose and glucose and containing on a fructose plus glucose basis from about 97% to                       
              about 50% fructose and from about 3% to about 50% glucose,                                                   
                     (b) from about 0.19% to about 0.7% L-malic acid or salt thereof,                                      
                     (c) malolactic bacteria growth supporting amount of a nitrogen source,                                
                     (d) malolactic bacteria growth supporting amount of essential minerals and                            
              vitamins.                                                                                                    
                     The reference relied on by the examiner is:                                                           



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