Appeal No. 1996-3550
Application 08/218,165
alcohol dehydrogenase, unsaturated fatty acids and the plant biomass; thus, there can be
no delay between maceration of the biomass and the addition of yeast. The examiner has
provided no reason for modifying the references in this manner. Similarly, independent
claim 18 requires a particular yield of cis-3-hexen-1-ol. According to page 5 of the
specification, production of green note compounds predominantly composed of cis-3-
hexen-1-ol depends on particular starting materials and process parameters, none of
which are addressed in the statement of the rejection.
35 U.S.C. § 103 requires that obviousness be determined based on the claimed
subject matter as a whole. Where, as here, the determination of obviousness is based on
less than the entire claimed subject matter, the examiner’s conclusion of obviousness is
legally unsound and cannot be sustained.
Accordingly, we reverse Rejection VII under 35 U.S.C. § 103 as it pertains to claims
2, 6, 10, 16 and 18 through 37.
CONCLUSION
Rejections I, II and VI are reversed; Rejection III is affirmed as it pertains to claims 1,
3, 5, 7, 8 and 11 through 13, and reversed as it pertains to claim 9; Rejections IV and V
are affirmed as they pertain to claims 1, 3, 5, 7 and 12, and reversed as they pertain to
claim 14; finally, Rejection VII is affirmed as it pertains to claims 1, 3 through 5, 7 through 9,
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