Appeal No. 1997-4381
Application 08/440,734
suggestion of the use of anti-phage blocker peptides or digested immunoglobulins to
prevent phage attack on bacteria used in a cheese making process or the addition of such
blocker peptides to a starter culture. Brief, page 14. We do not find where the examiner
has provided evidence or a suggestion in the cited references of making the proposed
modification of adding phage blocker peptide to the cheese making bacterial starter
cultures of the processes of Hettinga and Payne to solve the problem solved by appellant.
In view of the above, we find the examiner has not established on the record before
us that the cited references both suggest the claimed subject matter and reveal a
reasonable expectation of success to one reasonably skilled in the art. The rejection of
the claims for obviousness of the claimed invention is reversed.
CONCLUSION
The rejection of claims 1-17 under 35 U.S.C. § 112, first paragraph is reversed.
The rejection of claims 9-12 and 15-16 under 35 U.S.C. § 103 is reversed.
REVERSED
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William F. Smith )
Administrative Patent Judge )
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