Appeal No. 1996-3550
Application 08/218,165
Rejections III, IV and V
Claims 1, 3, 5, 7 through 9 and 11 through 13 stand rejected as anticipated by
Sekiya I; and claims 1, 3, 5, 7, 12 and 14 stand rejected as anticipated by Hatanaka. Both
references disclose biosynthesis of green note compounds in crushed and macerated tea
leaves. Claims 1, 3, 5, 7, 12 and 14 stand rejected as anticipated by Olías, which
discloses biosynthesis of green note compounds in milled olives. The issues are
essentially identical in all three rejections, so we will address them together.
According to the examiner, each of these references describes the production (and
subsequent extraction) of at least one green note compound upon maceration of crushed
plant material containing endogenous lipoxygenase, hydroperoxide lyase and alcohol
dehydrogenase, as well as unsaturated fatty acids, thus, “the ready mix enzymatic
machinery . . . provides for the simultaneous or substantially simultaneous contacting of the
required precursors and enzymes.” Examiner’s answer, pages 6, 7 and 15-17.
Again, if we understand the examiner’s position correctly, it is that the plant
biomass inherently contains active lipoxygenase, hydroperoxide lyase and alcohol
dehydrogenase, 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.
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