Appeal No. 94-1709
Application 07/716,115
the Muneta reference and a series of biochemical conversions3
implicated in the enzymatic blackening of potatoes. However,
we believe that the examiner mischaracterizes the reference by
stating: "Cherry et al. teach that tyrosine, a melanin
precursor, is considered to be a cause of blackspot in
potatoes" and "[t]yrosine is taught by Cherry to be the
causative agent of blackspot." We do not find that teaching
in Cherry. Nor does the examiner rely on Muneta in rejecting
any of the appealed claims, although Muneta would appear to
constitute closer prior art than Cherry respecting the
enzymatic blackening of potatoes. Furthermore, we do not find
that Cherry cures the deficiencies of the Shepard reference,
discussed supra, or, in combination with Shepard, provides a
sufficient basis for the necessary predictability of success
to sustain a rejection under 35 U.S.C. § 103. For these
reasons, we reverse the rejection of claims 1, 4, 5, 9, 12
through 14 and 18 through 20 under 35 U.S.C. § 103 as
unpatentable over the combined disclosures of Shepard and
Cherry.
3P. Muneta, "Comparisons of Inhibitors of Tyrosine
Oxidation in the Enzymatic Blackening of Potatoes," Am. Pot.
J. 58, 85 (1981).
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