Appeal No. 1996-2208
Application No. 08/180,194
Visser, “Contribution of enzymes from rennet, starter bacteria and milk to proteolysis and
flavour development in Gouda cheese. 2. Development of bitterness and cheese flavour,”
Neth. Milk Dairy Journal, Vol. 31, pp. 188-209 (1977).
Frey et al. (Frey), “Peptidases and proteases of lactobacilli associated with cheese,”
Milchwissenschaft, Vol. 41, (10), pp. 622-24 (1986).
Bartels et al. (Bartels II), “Accelerated ripening of Gouda cheese. I. Effect of heat-shocked
thermophilic lactobacilli and streptococci on proteolysis and flavor development,”
Milchwissenschaft, Vol. 42 (2), pp. 83-88 (1987).
Bartels et al. (Bartels I), “Accelerated ripening of Gouda cheese. 2. Effect of freeze-
shocked Lactobacillus helveticus on proteolysis and flavor development,”
Milchwissenschaft, Vol. 42, (3), pp. 139-44 (1987).
Eur. Pat. App. 0 223 560 (Parker) May 27, 1987
Claims 18 through 22 and 25 through 43 stand rejected under 35 U.S.C. § 103.
The evidence relied on by the examiner in support of this rejection is the source of some
confusion.
In the Examiner’s Answer (Paper No. 25), Bartels I, Bartels II, Visser, Frey and
Bergey’s Manual are cited as evidence of obviousness. In their Reply Brief, appellants
maintained that the examiner’s characterization of Visser was factually incorrect in certain
respects (Paper No. 26, pages 4 and 5). The examiner conceded the point in the
Supplemental Examiner’s Answer, but argued that “the admitted prior art” and “the other
references applied provide the missing teachings” (Paper No. 28, pages 2 and 5).
Appellant and the examiner evidently agree that Parker represents what the examiner
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