Ex Parte KATO et al - Page 4



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

                  Saike discloses a process for producing transparent fruit                            
            vinegar having good flavor and taste.  (Translation at 5.)                                 
            Specifically, Saike teaches clarifying 100% citrus fruit juice                             
            by action of pectinase enzyme, adding sodium citrate to adjust                             
            the pH to 4.6, heat sterilizing the juice at 60ºC for 30 minutes                           
            and then cooling, adding ethanol “so as to occupy 6 percent of                             
            the adjusted clear fruit juice,” transferring the product to a                             
            fermentation tank for acetic acid fermentation at a specified                              
            temperature until the acetic acid concentration reaches 5.0%,                              
            maturing the product at a temperature of 25ºC or below for 5 to                            
            6 months, filtering to eliminate waste microbes, and then adding                           
            100% fruit juice obtained by squeezing unripe citrus fruit.                                
            (Translation at 6-7.)                                                                      
                  Jackson teaches that “[j]uice and must failing to possess                            
            the desired acidity and pH may be adjusted before fermentation.”                           
            (Jackson at 229.)  According to Jackson, “deacidification                                  
            typically occurs after fermentation, when its effect on acidity                            
            is known.”  (Id.)  Jackson further teaches that deacidification                            
            may involve neutralization by addition of “calcium carbonate,                              
            potassium carbonate, or Acidex.”  (Id.)                                                    
                  The examiner acknowledges that Saike “does not teach the                             
            claimed citric acid reduction treatment.”  (Answer at 3.)                                  

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