Appeal No. 95-1535
Application 08/012,801
Appellants indicate on page 4 of their brief that claims 6-
10 can be considered to stand or fall together.
37 CFR
§ 1.192(c)(7) (1996). The reference relied on
by the examiner is:
Furia et al. (Furia), “Natural Flavors,”
Fenaroli's Handbook of Flavor Ingredients, 2nd Ed., 1975, Vol. I,
CRC Press: Cleveland, pages 370-380.
Claims 6-10 stand rejected under 35 U.S.C. § 102(b) as
anticipated by, or in the alternative, under 35 U.S.C. § 103 as
obvious over Furia in view of the admitted state of the art. We
will not sustain these rejections.
All the claims at issue require an effective amount of
gamma-jasmolactone "to impart a fruity flavor" to the composition
or 0.1 to 10 wt. % of gamma-jasmolactone "to improve its fruity
flavor." As pointed out by appellants, the Furia reference does
not disclose these limitations. Accordingly, the rejection under
35 U.S.C. § 102(b) cannot be sustained.
Similarly, with respect to the rejection under 35 U.S.C.
§ 103, we find no suggestion in the Furia reference to utilize
gamma-jasmolactone in sufficient amount to impart a fruity flavor
3
Page: Previous 1 2 3 4 5 Next
Last modified: November 3, 2007