Appeal No. 1996-3550 Application 08/218,165 Among these studies one may cite that of [Schreier], which was the object of the article (1986) “C6 volatiles in homogenates from green leaves: Localization of hydroperoxidase lyase activity,” Lebensm. Wiss. u. Technol., 19, 152-156. This study showed that many plant tissues, notably leaves, were capable of producing measurable quantities of cis-3-hexenol. More specifically, it was shown that radish tops and vine leaves could produce as much as 80 mg of cis-3-hexenol of wet plant matter. The aforementioned article presents the enzymatic path most generally used for getting from unsaturated fatty acids, notably linolenic acid, to cis-3- hexenal and then cis-3-hexenol. Thus a lipoxygenase catalyzes the formation of a peroxide which is then opened up by a hydroperoxide lyase to supply C6 volatile aldehydes. An aldehyde reductase then permits the reduction of the aldehydes into the corresponding alcohol. According to the examiner, “[t]he recited enzymes and unsaturated [fatty] acid precursors are inherently present in the plant biomass, as evidenced by the production [and separation] of at least one green note compound.” Examiner’s Answer, page 6. If we understand the examiner’s position correctly, it is that the plant biomass inherently contains active lipoxygenase, hydroperoxide lyase and alcohol dehydrogenase (referred to as aldehyde reductase in the reference), as well as unsaturated fatty acids; thus, the enzymes and fatty acids are “simultaneously contact[ed]” (as required by the claims) upon maceration of the crushed plant biomass in an aqueous liquid. Despite appellants’ argument to the contrary (“the reference does not contain disclosure of . . . Appellants’ process steps” Brief, page 9), we agree with the examiner that the presence of endogenous enzymes and fatty acid precursors in the radish or vine leaves would meet the “simultaneously contacting” limitation of the claims upon maceration of the crushed leaves. Nevertheless, it is not clear from Pascal’s second-hand account of 7Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007