Appeal No. 1996-3550
Application 08/218,165
Schreier’s process that active alcohol dehydrogenase (aldehyde reductase) is, in fact,
endogenous to radish tops or vine leaves, thus it is not clear that Schreier’s process
includes simultaneously contacting the fatty acids, hydroperoxide lyase, lipoxygenase, and
alcohol dehydrogenase. In our view, this is inadequate evidence of anticipation.
Second, the examiner cites page 4 of Pascal for “the use of yeast alcohol
dehydrogenase” in the production of cis-3-hexenol. This portion of the reference refers to
Diagram I on page 9, which outlines Pascal’s process whereby radish leaves are crushed
and homogenized with linolenic acid in distilled water; the homogenate is held at ambient
temperature for 45 minutes (resulting in a homogenate high in cis-3-hexenal); yeast is
added and the mixture is incubated for 2 hours (resulting in a homogenate high in cis-3-
hexenol); and an extract high in C volatile compounds (including cis-3-hexenol) is
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recovered by steam distillation and extraction. We agree with appellants that Pascal’s
addition of yeast alcohol dehydrogenase to the initial reaction mixture after a 45 minute
incubation “is not simultaneous within the meaning of Appellants’ claim language.” Brief,
2
page 9.
We find that Pascal does not describe the claimed invention in the manner required
by 35 U.S.C. § 102; accordingly, Rejection II of claims 1 through 5, 7 through 9, and 11
through 14 as anticipated by Pascal is reversed.
2 We note the production of a green note compound, cis-3-hexenal, before the
addition of the yeast, but this does not constitute evidence of the presence of an aldehyde
reductase in the radish leaves as cis-3-hexenal is an aldehyde reductase substrate, not a
product.
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