Appeal No. 95-4321
Application 07/976,241
hydrolyzing the lactose permeate to make a lactose hydrolysate comprised of D-
galactose and glucose;
subjecting the lactose hydrolysate to fermentation conditions whereby the glucose is
selectively fermented to ethanol;
separating the D-galactose from the ethanol, making a solution having a
concentration of from about 10% to about 60% by weight D-galactose;
subjecting the solution of D-galactose to enzymatic isomerization with L-arabinose
isomerase at an isomerization pH from about 5.5 to about 7.0 and a temperature from
about 50EC to about 70EC; and
wherein the yield of D-tagatose is from about 20% to about 45% by weight based
on D-galactose.
11. A method of producing D-tagatose comprising enzymatic isomerization of D-
galactose with L-arabinose isomerase at an isomerization pH from about 5.5 to about 7.0
and a temperature from about 50EC to about 70EC, wherein the D-galactose is in a
solution having a concentration of from about 10% to about 60% by weight D-galactose
and the yield of D-tagatose is from about 20% to about 45% by weight based on D-
galactose.
2
The references relied upon by the examiner are:
Beadle et al. (Beadle) 5,002,612 Mar. 26, 1991
Barker et al. (Barker) 4,069,104 Jan. 17, 1978
Fiehring et al. Chemical Abstracts, Volume 73(25), p129742e (1970)
2The examiner has relied upon two abstracts from Chemical Abstracts in support of the conclusion
of obviousness. A patentability determination under 35 U.S.C. § 103 is fact specific. Almost by definition
the full text document which is abstracted is more fact rich than the abstract. We strongly urge the
examiner to premise his patentability determinations in the future, upon the most fact rich record which can
reasonably be developed. It is the experience of the board that review of the full text document when a
rejection is premised upon an abstract will most likely significantly strengthen or weaken the examiner's
position. Rarely does consideration of the full text document leave one in the same position where one was
after considering the abstract alone. Here, we have considered the abstracted German document and the
translation thereof.
2
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