Appeal 2007-2598
Application 10/378,330
(1) King discloses an antimicrobial composition for retarding the
outgrowth of bacteria on food where the composition includes hop
beta acid, one or more food grade organic acids, and an
antioxidant (Abstract; 1:1-17; 3:15-24; 3:31-4:2; 5:10-14 and 19-
20; 8:6-15);
(2) King teaches that in fat containing products, such as cheeses,
meats, sauces, and dressings, bacterial growth is known to occur in
the aqueous portion of the emulsion (2:18-24);
(3) King discloses that “in practice” the hop acid is added to the food
product in amounts between about 0.1 to about 50 ppm (6:14-16);
however, King also teaches that “[a]t higher concentrations of
BHA [beta hop acid], the BHA” and surfactant combination
“virtually eliminates the bacteria levels,” where these higher
concentrations include amounts of 1000 ppm and 5000 ppm (10-
11: Example 1);
(4) King teaches that “[o]ther additives” can be present in the
composition, such as other antimicrobial agents, seasonings, oils,
flavors, dyes, etc. (8:16-24);
(5) Appellants admit that it was known that hop beta acids have
antibacterial activity and have been used in amounts from 0.01 to
about 10,000 ppm (Specification 1:9-26);
(6) Igoe teaches that antimicrobial agents are also classified as
“preservatives,” and that potassium sorbate is a “preservative” that
is typically used in amounts of 0.025 to 0.10% (13, 114); and
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