Ex parte HENICK-KLING et al. - Page 4




                 Appeal no. 1997-3953                                                                                                               
                 Application 08/392,615                                                                                                             
                          avoids the [necessity for] growth before MLF is carried out.  With a suitably                                             
                          prepared starter culture . . . a wine can be inoculated with a cell density of                                            
                                6            7                                                                                                      
                          5x10  [to] 5x10  viable bacteria/ml.  This represents a stationary culture at                                             
                          maximum cell density in wine, very little or no further growth is necessary for                                           
                          complete conversion of the malic acid.                                                                                    
                          * * *                                                                                                                     
                          Leuconostoc oenos is generally the most predominant genus during active                                                   
                          MLF, since this species is highly tolerant to the high acidity and ethanol in                                             
                          wine (citations omitted).                                                                                                 
                         The present invention is directed to a synthetic, non-vegetable juice aqueous                                             
                 medium containing L-malic acid or a salt thereof; vitamins, minerals and nitrogen sufficient                                       
                 to support growth of malolactic bacteria; and a sole carbohydrate source consisting                                                
                 essentially of fructose and glucose at a ratio and total concentration of defined range.  In                                       
                 one embodiment, the medium contains from about 97% to about 55% fructose and from                                                  
                 about 3% to about 45% glucose, at a total concentration of about 4% to about 6% fructose                                           
                 plus glucose (claim 8).  In another, the medium contains from about 97% to about 50%                                               
                 fructose and from about 3% to about 50% glucose, at a total concentration of about 4% to                                           
                 about 6% fructose plus glucose (claim 14).                                                                                         
                          Henick-Kling discloses modified de Man, Rogosa, Sharpe medium (MRSM),  a                                                  
                 synthetic, non-vegetable juice medium containing malic acid; vitamins, minerals and                                                
                 nitrogen sufficient to support growth of malolactic bacteria; and 20 g/l (2%) of a                                                 
                 carbohydrate source consisting of 50% fructose and 50% glucose (as opposed to MRS,                                                 
                 which contains glucose as the sole carbohydrate source).  Page 288, upper left-hand                                                
                 column.  Appellants and the examiner agree that Henick-Kling’s medium differs from the                                             

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