Ex Parte MUNCH et al - Page 2



          Appeal No. 2004-0407                                                        
          Application No. 09/062,053                                                  

          compounds, known generally as “essences,” which give the produce            
          its characteristic aroma and flavor.                                        
               Claim 1, which is one of two independent claims, is                    
          illustrative of the method embodied in appellants’ claims:                  
                    1.  A method of recovering essence from a mash                    
               comprising:                                                            
                    providing a mash comprising essence which has not been            
               treated in a manner which degrades the quality of essence              
               therein;                                                               
                    flashing the mash at reduced pressure to produce a                
               vapor stream and a mash stream, wherein the vapor stream               
               comprises the essence; and                                             
                    condensing the vapor stream under conditions effective            
               to recover the essence.                                                
               The prior art references relied upon by the examiner are:              
          Kellogg                        1,189,127            Jun. 27, 1916           
          Sommi et al. (Sommi)           5,004,621            Apr.  2, 1991           
                                                                                     
               The following rejections are before us for review:                     
               I.  Claims 1, 3-14, and 24-33 stand rejected under 35 U.S.C.           
          § 112, first paragraph, for lack of written descriptive support             
          for the phrase “has not been treated in a manner which degrades             
          the quality of essence.”                                                    




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