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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