Appeal No. 95-4321
Application 07/976,241
Hartley et al. (Hartley), Chemical Abstracts, Volume 114(25), p242021x (1990)
A reference considered by this panel:
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Fiehring et al.(Fiehring) -
German Democratic Republic Patentschrift DD 72 459 April 12, 1970
GROUND OF REJECTION
Claims 1-6, 9-11, and 14-21 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies upon Beadle, Barker, Fiehring, and Hartley.
We affirm-in-part.
BACKGROUND
At page 3 of the specification, applicants describe the invention as relating to a
method of producing D-tagatose by employing L-arabinose isomerase in the enzymatic
isomerization of D-galactose recovered from the fermentation of a lactose hydrolysate.
The lactose hydrolysate is stated to be derived from cheese whey and/or milk. Applicants
indicate that the D-tagatose is useful as a low calorie sweetener or bulking agent.
3The examiner in his answer and appellants in their principal and reply briefs have referred to the
abstract from Chemical Abstracts of Fiehring. We refer, in our opinion, to a translation of the abstracted
German Patentschrift and the translation of this document prepared by the PTO Translation Branch, in
August 1995, a copy of which is attached to this decision.
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