Ex parte KNUTH et al. - Page 2




          Appeal No. 94-4497                                                          
          Application 07/913,782                                                      


               This is a decision on appeal under 35 U.S.C.  134 from                
          the examiner's final rejection of claims 35-51, which are all               
          of the claims remaining in the application.  We have reviewed               
          the record before us.  Our review leads us to conclude that                 
          the examiner’s rejection of all of the appealed claims under                
          35 U.S.C.  103 over Merory (“Food Flavorings,” 1960, Avi,                  
          Westport, CT, pages 132-151) and Winton et al. (“The Structure              
          and Composition of Foods,” Vol. IV, 1939, John Wiley & Sons,                
          Inc, New York, pages 308-319) is not well taken.  Accordingly,              
          we will not sustain this rejection for essentially those                    
          reasons expressed in appellants’ Appeal Brief.                              
               The claimed subject matter is directed to a vanilla                    
          flavor composition comprising a vanilla cell culture extract                
          containing vanillin and a lower amount of a first set of                    
          vanilla flavor components than is present in a natural vanilla              
          extract and a large amount of a second set of vanilla flavor                
          components than is present in a natural vanilla extract.  The               
          examiner’s position is that the claimed composition “is, at                 
          best, a mimic of the flavors of the prior art, and the claims               
          do not define patentably new products” (Answer, page 3).  We                
          disagree.                                                                   
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