Appeal 2007-1610
Application 10/955,833
The volatiles of mango were analyzed by gas chromatography
and a combined gas chromatograph-mass spectrometer. The
volatiles were also analyzed by gas chromatography on a sulfur
detector.
(Spec. 2: 21-27).
The Specification describes the discovery that ethyl 3-
mercaptobutyrate – identified from mango – can be used as a flavoring and
perfuming agent because of its unique flavor and odorant properties (Spec.
1-2). The claims are drawn to an ingestible composition comprising an
ingestible vehicle and ethyl 3-mercaptobutyrate.
The following rejections are on appeal in this proceeding:
1) Claims 7-12 stand rejected under 35 U.S.C. § 112, first paragraph,
as failing to comply with the written description requirement (Answer 13);
2) Claims 7-12 stand rejected (three separate rejections: of claims 7-
12, 10-12, and 7; Answer 7, 9, and 13, respectively) under 35 U.S.C. § 112,
second paragraph, as indefinite;
3) Claims 7-9 stand rejected under 35 U.S.C. § 102 as anticipated by
Nielsen (“Stereoselective Reduction of Thiocarbonyl Compounds with
Baker’s Yeast,” Tetrahedron: Asymmetry, 5: 403-410, 1994; referred to by
the Examiner as “Nielson and Madsen”) (Answer 11); and
4) Claim 7 stands rejected under 35 U.S.C. § 102(b) as anticipated by
Lazier (US 2,402,639, issued Jun. 25, 1946; referred to by the Examiner as
“Lazier and Signaigo”) (Answer 12).
The claims in each rejection stand or fall together because separate
reasons for patentability were not provided for any individual claim. We
select claims 7 and 10 as representative for deciding all rejections in this
appeal. See 37 C.F.R. § 41.37(c)(1)(vii). Claims 7 and 10 read as follows:
2
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