Appeal No. 2001-1725
Application 09/009,536
SUMMARY OF DECISION
On consideration of the entire record, we reverse the rejection of record.
DISCUSSION
The Invention
The Appellants’ invention as claimed relates to a process for producing a
soybean milk by:
(1) contacting dehulled and dehypocotyl whole soybeans with warm or hot water
(2) removing the warm or hot water soluble component
(3) pulverizing the soybeans to make a slurry
(4) removing the insoluble component to make a soybean milk
(5) inoculating selected bacteria into the milk
(6) adding saccharides, and
(7) fermenting.
The Appellants assert that this process results in a fermented soybean milk with
a greatly improved flavor without the unpleasant flavors of conventional soybean milk
(Appeal brief, page 3, line 18, page 4, line 2).
The Rejection of Claims 3-5 and 7-14 Under 35 U.S.C. § 103(a)
The Examiner has stated that Matsuura teaches a general process for preparing
and fermenting soy milk for end use in food products, which process includes dehulling
and soaking soybeans in warm water, removing the soluble fraction, and crushing the
soybeans to make a slurry. The fermentation steps include adding a saccharide and a
lactic acid bacteria or mixture of bacterium including the Lactobaccilus species
bulgaricus, acidophilus, and casei. (Examiner’s Answer, page 3, lines 13 – 18).
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