Ex parte PIAZZA et al. - Page 2




          Appeal No. 95-5155                                                          
          Application 07/855,805                                                      
          8 stand rejected under 35 U.S.C. § 103 as unpatentable in view              
          of the combined teachings of Lee et al. (Lee), “Oat (Avena                  
          sativa) Caryopses as a Natural Lipase Bioreactor,” JAOCS, Vol.              
          67, no. 11, pp. 761-765 (November 1990), and Balsam, U.S.                   
          3,713,980, patented January 30, 1973.                                       
               On consideration of the record, including the Brief on                 
          Appeal, Examiner’s Answer, the applied prior art, and Hammond               
          et al. (Hammond), U.S. 5,089,403, patented February 18, 1992,               
          the latter to aid our understanding of Lee’s teaching and its               
          relationship to the subject matter of the claims on appeal,                 
          it is                                                                       
                    ORDERED that the examiner’s decision rejecting                    
          Claims 1-8 is reversed.                                                     
               Balsam neither (1) falls within the same field of                      
          endeavor as the subject matter claimed, nor (2) is reasonably               
          pertinent to the particular problem with which applicants are               
          concerned.  Applicants’ invention is directed to a rapid                    
          process for hydrolyzing oleaginous materials into fatty acids               
          and glycerol using lipase, in this case immobilized lipase in               
          the form of comminuted lipase-containing seeds.  Balsam is                  
          concerned with extracting therapeutic peruvoside from the                   


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