Appeal No. 95-1535
Application 08/012,801
to a food composition or beverage. The Furia reference does
disclose that jasmine derivatives exhibit an "intensely floral
aroma" and may be used in perfumery or for flavoring liqueurs and
pastry, etc., in amounts of 0.1 to 2,000 ppm. It is known that
gamma-jasmolactone is one of the three main odorous components of
jasmine (page 1 of the application). However, as pointed out by
appellants, there is simply no suggestion in the reference of the
use of gamma-jasmolactone in sufficient amount to impart a fruity
flavor to food or beverage. The unexpectedness of the claimed
invention is attested to in the declaration of Martin Glasius, an
expert flavorist.
The decision of the examiner is reversed.
REVERSED
)
RONALD H. SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
JOHN D. SMITH )
Administrative Patent Judge ) APPEALS AND
)
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