Ex Parte KATO et al - Page 2



            Appeal No. 2004-2197                                                                       
            Application No. 09/144,851                                                                 

            for vinegar production] that the citric acid damages the                                   
            activity of the acetic acid bacteria used in making vinegar” and                           
            “that when citric acid is removed from citric fruit juice, the                             
            pH of the juice increases and there is no interference with the                            
            action of acetic acid bacteria.”  (Appeal brief filed on Nov.                              
            28, 2003 at 3.)  Further details of this appealed subject matter                           
            are recited in representative claim 21, the sole independent                               
            claim on appeal, reproduced below:                                                         
                        21.  A method for producing a fruit vinegar                                    
                  comprising subjecting to acetic acid fermentation by                                 
                  acetic acid bacteria in the presence of ethanol one                                  
                  member selected from the group consisting of (a) and                                 
                  (b), wherein                                                                         
                        (a) is a member selected from the group                                        
                  consisting of lemon juice, lime juice, yuzu juice,                                   
                  kabosu juice, sudachi juice, and shii kuwasa juice,                                  
                  wherein said member is                                                               
                        (1)        juice having naturally a pH value of 3.0                            
                                   or more;                                                            
                        (2)        juice having a pH value of 3.0 or more                              
                                   adjusted, not by addition of an agent to                            
                                   neutralize citric acid but by reducing                              
                                   citric acid content by from 50 to 100%                              
                                   by weight, or                                                       
                        (3)        a mixture of (1) and (2); and                                       
                        (b) a dilution of (a);                                                         
                        wherein the reducing of citric acid content in                                 
                  (2) has been effected by                                                             
                        (i)        adding calcium carbonate to the member                              
                                   to precipitate calcium citrate and                                  
                                   removing the calcium citrate or                                     
                        (ii)       contacting the member with an anion                                 
                                   exchange resin to remove citric acid                                
                                   therefrom.                                                          

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