Appeal No. 95-0386
Application No. 07/854,122
record, which would serve to establish a prima facie case of
non-enablement.
The rejection under 35 U.S.C. § 112, first paragraph, is
reversed.
Turning to the rejection under 35 U.S.C. § 103, we find
that Wu discloses a method for preparing reaction flavors for
smoking compositions wherein a reducing sugar is combined with
a source of ammonia in the presence of a trace amount of an
amino acid
to form a reaction mixture which is heated to a temperature in
the range of about 90EC to 105EC (Wu, column 3, lines 12
through 17 and lines 45 through 48). As stated by Wu, "[t]he
weight ratio of sugar to amino acid will generally be in the
range of
200-300:1 with a ratio of about 235-245:1 being preferred"
(column 3, lines 61 through 63).
The claims on appeal require much greater amounts of
amino acid compared with the amounts disclosed by Wu. This
can be seen from a review of independent claims 1, 10, and 18,
step (c) of each claim. Simply stated, the differences
between the subject matter sought to be patented and the prior
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