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
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