Appeal No. 1996-3550
Application 08/218,165
Here, appellants apparently concede that the required enzymes and fatty acids are
present in the plant material disclosed in each of the references, but argue that “the fact . . .
that various enzymes and [fatty acids] are inherently present in the plant biomass is
irrelevant to the novelty of Appellants’ claims.” Rather, appellants “submit that the
reference does not contain disclosure of . . . Appellants’ process steps,” and direct
attention to “step (d) of Claim 1, where simultaneous contact of components is clearly set
forth as a process step.” Brief, pages 10 and 11.
Although not specifically mentioned by the examiner, it is apparent from the
references that endogenous fatty acids, lipoxygenase, hydroperoxide lyase and alcohol
dehydrogenase are released from intracellular compartments upon disruption of the plant
material by crushing or shredding. For example, Olías teaches that “[t]he formation of C6
aldehydes and alcohols in the plant is related to cell destruction . . . milling of olive fruits is
the first step in obtaining the oil” and “[m]illing and malaxation (continuous mixing of
crushed fruit with water) prepare the paste for its extraction . . . [d]isruption of intact cells
results in the release of lipid-degrading enzymes that degrade the membrane or stored
lipids.” Page 2368. Similarly, Sekiya I teaches that C volatile compounds are formed
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“rapidly under mechanical stresses, such as injury or maceration of leaf tissues, during the
processing of tea leaf tissues.” Page 278.
In our view, the act of crushing or shredding the plant material in an aqueous liquid,
disclosed in each of the references, meets the “simultaneously contacting” element of the
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