Ex parte Kurth

Board of Patent Appeals and Interferences

Jan 7, 1998

07795158 (B.P.A.I. Jan. 7, 1998)

Application for patent filed November 20, 1991. Applicants claim priority under1
35 U.S.C. § 119, based on German patent application P 40 37 441.6, filed November 24,
1990.
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered
today (1) was not written for publication in a law
journal and (2) is not binding precedent of the
Board.
Paper No. 11
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
Entered
January 7, 1998
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________

Ex parte ROLAND KURTH

_____________
Appeal No. 93-4005
Application 07/795,1581
______________
ON BRIEF
_______________
Before: STONER, Chief Administrative Patent Judge,
and McKELVEY, Senior Administrative Patent Judge,
and ELLIS, Administrative Patent Judge.
McKELVEY, Senior Administrative Patent Judge.
Decision on appeal under 35 U.S.C. § 134
Appeal No. 93-4005
Application 07/795,158
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This appeal is from a decision of the Primary Examiner
rejecting claims 3, 4 and 6 as being unpatentable under
35 U.S.C. § 103 over the prior art.
Initially, we note that the examiner's answer (Paper No.
10) creates some confusion as to the claims on appeal. At the
time of the final rejection (Paper No. 5), claims 1-6 were in
the application. Claims 1-2 were withdrawn from
consideration. Claims 3-6 were rejected. An amendment (Paper
No. 6) after final cancelled claim 5. In his appeal brief
(Paper No. 9), applicant indicates that claims 3, 4 and 6 are
on appeal. In the examiner's answer, it is stated that claims
1-5 are rejected (page 2, last two lines) and that
patentability stands or falls with claim 6 (page 2, second
full paragraph). We agree with applicant that claims 3, 4 and
6 are the claims on appeal.
We reverse the examiner's rejection of claims 3, 4 and 6
and enter a new ground of rejection pursuant to 37 CFR
§ 1.196(b).
A. Findings of fact
Applicant's invention
1. Riboflavin (Vitamin B ) has the formula:2
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2. For therapeutic use, riboflavin is produced by
chemical synthesis. Kirk-Othmer, Encyclopedia of Chemical
Technology, Vol. 24, page 108 and 111-113 (1984).
3. Riboflavin also can be prepared by microbial
fermentation of nutrient mashes with the microorganism Ashbya
gossypii (Tanner, U.S. Patent Nº 2,445,128, col. 1, lines 8-10
(1948); Kirk-Othmer, pages 113-115).
4. Riboflavin prepared for use in poultry and
livestock feeds, for example, is produced by fermentation
using microorganisms, such as Ashbya gossypii (Kirk-Othmer at
108 and 114; specification, page 1, lines 21-22).
5. Applicant's invention relates to increasing the
riboflavin content in spray-dried discharges from riboflavin
Appeal No. 93-4005
Application 07/795,158
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fermentations (specification, page 1, lines 3-6). In
particular, the invention relates to inducing lysis (i.e.,
breaking down or dissolution) of the cells contained in the
fermentation solution by specific production or activation of
the enzymes which break down the intracellular cell wall and
proteins, i.e., inducing an autolysis (specification, page 2,
lines 25-32).
6. By "autolysis," applicant means "the production
and activation of the intrinsic enzymes which break down the
intracellular cell wall and proteins" (specification, page 2,
lines 33-35).
7. According to applicant, "autolysis of
microorganisms can be induced by stress factors"
(specification, page 3, lines 3-4). Examples of stress
factors are said to include nutrient deficiencies, temperature
increases, oxygen deficiencies, pH changes, and changes in the
pressure in the medium (specification, page 3, lines 5-8).
8. Applicant tells us that riboflavin-producing
strains of Ashbya gossypii can be autolyzed "at from 35 to
55EC within from 6 to 28 hours with almost complete exclusion
Appeal No. 93-4005
Application 07/795,158
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of oxygen ***. The pH *** should be from 4 to 9"
(specification, page 3, lines 21-26).
9. Claim 6, the only independent claim on appeal,
reads (indentation ours):
A process for increasing the riboflavin content
in spray-dried discharges from riboflavin
fermentations, which comprises
heating a fermentation solution of riboflavin-
producing strains of Ashbya gossypii after
completing (sic--completion) of the riboflavin
fermentation,
at a temperature of from 40 to 50EC and
a pH of from 4 to 9,
for from 6 to 28 hours,
under gentle stirring without aeration,
to induce lysis of cells by specific production
or activation of the intracellular enzymes,
until complete enzymatic breakdown of the cell wall
and proteins occurs.
Prior art
Appeal No. 93-4005
Application 07/795,158
German Patent 29 20 592 is similar to Epstein, U.S. Patent Nº 4,165,250 cited by2
the examiner. A translation of the German Patent made by the Patent and Trademark
Office accompanies this opinion. One difference is that the German Patent specifically
mentions Ashbya gossypii, whereas Epstein does not appear to specifically mention Ashbya
gossypii.
- 6 -
10. It is known in the art that it is desirable to
effect lysis of cell walls in fermentation solutions of Ashbya
gossypii to make riboflavin. According to applicant, German
Patent 29 20 592 describes (specification, page 1, line 312
through page 2, line 4):
a process for removing riboflavin from fermenter
suspensions in which the latter are diluted with from 25
to 100% by volume of water and subsequently heated at
from 50 to 65EC for from 15 to 45 minutes in order to
open up the cells containing the riboflavin. The
suspension is cooled and then centrifuged twice to
concentrate riboflavin. In order to increase the
riboflavin content, it is recommended that a proteolytic
enzyme is added to the diluted broth during the heating
or, preferably, thereafter and allowed to act for from 3
to 4 hours.
11. Applicant tells us that there are disadvantages
associated with the process described in the German Patent
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Application 07/795,158
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29 20 592, including large fermenter suspension resulting from
dilution and the cost of proteolytic enzymes (specification,
page 2, lines 8-14).
12. The application which matured into the German
Patent 29 20 592 was first published on December 4, 1980.
13. According to the German Patent 29 20 592 (page
4):
The starting material used in this invention is a
riboflavin fermentation broth. The production of
riboflavin from a fermentation broth is known. In brief,
with this method a nutrient medium is sterilized and
inoculated with a microorganism capable of forming
riboflavin, such as Eremothecium ashbyii or Ashbya
gossypii. When the fermentation yield reaches its
maximum value or approaches this value, then the broth is
heated for 15 to 45 minutes (preferably 25 to 35 minutes)
at 50 to 65EC, after which the riboflavin extraction
begins. The heating causes cell lysis and reduces the
viscosity of the broth, which increases the effectiveness
of the subsequent extraction and purification stages.
Heating for more than 45 minutes is disadvantageous,
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Application 07/795,158
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since it increases the viscosity of the broth rather than
decreasing it.
14. There are four examples in the German Patent
29 20 592. None describe the use of the microorganism Ashbya
gossypii. The same is true of the five examples of the
Epstein patent.
15. Epstein, like the German Patent 29 20 592,
states (col. 1, line 54 through col. 2, line 2):
The starting material for the present invention is a
riboflavin fermentation broth. The preparation of
riboflavin from a fermentation broth is known ***.
Briefly, a nutrient medium is sterilized and inoculated
with an organism capable of producing riboflavin. When
the fermentation yield approaches or is at about the
maximum the broth is heated to a temperature of from
about 50EC. to about 65EC. for about from 15 to about 45
minutes, preferably for from about 25 to about 35 minutes
and the riboflavin recovery begins. This heating serves
to lyse the cells and to decrease broth viscosity thus
enhancing the effectiveness of subsequent recovery and
purification steps. Heating beyond about 45 minutes is
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Application 07/795,158
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undesirable as it increases rather than decreases broth
viscosity.
16. While both the German Patent 29 20 592 and
Epstein make a statement that it is disadvantageous to heat
beyond 45 minutes, neither indicate the basis on which this
"disadvantage" is based. It is true that both make a
statement that viscosity will increase if heating takes place
for more than 45 minutes. According to Epstein, "heating
serves to lyse the cells" (col. 1, line 66). However, there
does not appear to be any experimental data in Epstein to
support the conclusion Epstein seeks to draw from heating.
There is no basis in Epstein for concluding that the only
microorganism mentioned therein (B. subtilis (see, e.g.,
Example 4)) or Ashbya gossypii would lyse (i.e., would
"complete[ly] *** breakdown of the cell wall and proteins," as
required by claim 6) in 15-45 minutes at the temperature
(50-60EC) described by Epstein. Because the basis upon which
the "heating serves to lyse the cells" statement is made is
not clear, and in view of later published prior art discussed
infra, we conclude that one having ordinary skill in the art
would decline to give the statement much weight.
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Application 07/795,158
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17. After publication of the application which
matured into the German Patent 29 20 592 and after the filing
date of the application which matured into the Epstein patent,
an article was published describing autolysis in yeasts.
Babayan, "Autolysis in Yeasts," Acta Biotechnol., Vol. 5,
pages 129-136 (1985).
18. According to Babayan, "so-called 'induced
autolysis' of microorganism cells of any age, may be
artificially caused by means of various physical, chemical, or
biological agents" (Babayan, page 130).
19. One physical factor is temperature conditions.
According to Babayan, "[t]he autolysis rate depends on
temperature, and the most optimal temperature interval for
yeast was observed at 45)60EC" (Babayan, page 130, last
sentence).
20. One chemical factor is pH (Babayan, page 131).
21. One biological factor is the "[e]xtent of
aeration. Removal of oxygen from an actively growing culture
of aerobic microorganisms causes impaired energy supply to the
cells" (Babayan, page 131).
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Application 07/795,158
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22. With respect to autolysis, Babayan indicates the
following (page 132--emphasis added except for names of
microorganisms; references to publications deleted):
In the process of autolysis the cell wall in
most yeasts undergoes only certain structural
modifications; however, its completeness is
retained, this being observed also at the end of the
process, and the cytoplasmatic material gradually
diffuses into the extra-cellular space. This kind
of autolysis ("endo-type") in yeasts is similar to
that in Bac. subtilis described by Koga and Kusaka,
who observed hollow cells (shadows). In both cases,
autolysis begins with CPM [i.e., cytoplasmatic
membrane,] degradation.
However, autolysis in certain fungi, e.g. in
Schizophyllum commune, is found to involve both CPM and
the cell wall degradation, explained by the highly active
endo- and exo-glucanases in these organisms.
Autolysis depends on the culture age and the
physiological conditions in the cell. Proliferating
culture cells autolyse quicker and to a high degree than
Appeal No. 93-4005
Application 07/795,158
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cells of the stationary growth phase, for autolytic
enzymes are synthesizing most intensively precisely in
the cells of the exponential growth phase. Hence,
autolysis occurs when induction by means of a given
factor not only fails to lead to degradation of autolytic
enzymes, but when there are optimal conditions for their
action.
What kind of fungi is Ashbya gossypii?
23. In this case, determination of the nature of
Ashbya gossypii is important, if not absolutely crucial.
24. If one having ordinary skill in the art would
have characterized Ashbya gossypii as a yeast, then the
teachings of Babayan would not have been considered
particularly relevant to any effort to completely autolyze
cell walls, inasmuch as Babayan indicates that yeast cells
walls are not completely lysed.
25. On the other hand, if Ashbya gossypii would have
been characterized as a filamentous fungi, the teachings of
Babayan become relevant, because Babayan teaches that complete
autolyzing of cell walls is possible in certain fungi.
Babayan, page 132.
Appeal No. 93-4005
Application 07/795,158
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26. According to Davis et al., Microbiology, page
966 (1973) (published by Harper & Row, Publishers, Inc.),
"[f]ungi grow either as single cells, the yeasts, or as
multicellular filamentous colonies, the molds and mushrooms.
27. In a patent published in 1948, Tanner makes a
reference to "the yeast, Ashbya gossypii." Tanner, supra, at
col. 1, line 10.
28. By 1961, Smith et al. refer to A. gossypii" as a
"mold." See Smith et al., "Effect of Surface Active Agents on
the Biosynthesis of Riboflavin by Ashbya gossypii," Biochim.
Biophys. Acta, Vol. 47, pages 344-349 (1961), in particular
page 344 (emphasis added; footnotes omitted):
A synthetic medium which supports the growth of A.
gossypii has been known for some time, but the mold does
not produce appreciable quantities of riboflavin except
in the presence of complex nutrients such as peptone,
corn steepwater, etc.
29. Smith's characterization of Ashbya gossypii as a
filamentous mold fungi in 1961 is consistent with the manner
in which Ashbya gossypii was characterized in 1991 by the
American Type Culture Collection (ATCC) in its Catalogue of
Appeal No. 93-4005
Application 07/795,158
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Filamentous Fungi, page 39 (18th ed. 1991). ATCC also
publishes a separate catalogue of yeast strains. ATCC
maintained it classification of Ashbya gossypii as a
filamentous fungi in its 1996 edition: ATCC Filamentous
Fungi, page 49 (19th ed. 1996). Likewise maintaining Ashbya
gossypii in the category of a filamentous fungi is the German
Depositary: DSMZ-Deutsche Sammlung von Mikroorganismen und
Zelkulturen GmbH, Braunschweig, Germany. See copies of
materials obtained as a result of an internet search at:
http://www.gbf-braunschweig.de/DSMZ/media/strains/no003485.htm
and
http://www.gbf-
braunschweig.de/DSMZ/media/strains/no003499.htm,
These materials show that Ashbya gossypii samples DSM No. 3485
and DSM No. 3499 for Ashbya gossypii are classified as
filamentous fungi.
The examiner rejection and applicant's response
30. The examiner rejected claims 3, 4 and 6 as being
unpatentable under 35 U.S.C. § 103 over the combined teachings
of Epstein, U.S. Patent Nº 4,165,250, issued August 21, 1979
and Babayan.
Appeal No. 93-4005
Application 07/795,158
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31. The examiner found that Epstein teaches enhanced
recovery of riboflavin by degradation of the undesired
cellular macromolecules with enzymes. Examiner's Answer
(Paper No. 10, page 3). The examiner recognized that Epstein
"does not teach utilizing the cells' own enzymes but adds
enzymes to the suspension." Id. Babayan was used to teach
that under appropriate conditions, i.e., pH and temperature
"yeast cell autolysis" can be induced. Id. According to the
examiner, it would have been obvious to use the teachings of
Babayan to achieve autolysis, thereby making it unnecessary to
add enzymes in accordance with the process suggested by
Epstein.
32. The examiner refers to "yeast" cells several
times in Examiner's Answer. See pages 3 and 4.
33. Applicant also characterizes Ashbya gossypii as
a "yeast" on several pages of the BRIEF ON APPEAL (Paper No.
9), e.g., "the yeast Ashbya gossypii" (page 1); "[a]ccording
to the present invention, the riboflavin is released from the
yeast cells following fermentation" (page 2).
34. Both the examiner and applicant have based their
respective arguments for unpatentabilty and patentability over
Appeal No. 93-4005
Application 07/795,158
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the combination of Epstein and Babayan on an incorrect
characterization of Ashbya gossypii as a yeast, when in fact
it is a filamentous fungi.
Level of skill in the art
35. In addition to the information revealed in the
prior art documents discussed above, one having ordinary skill
in the art would have knowledge of the following.
36. One having ordinary skill in the art, as of
applicant's filing date, would consider Ashbya gossypii to be
a filamentous fungi, not a yeast.
37. Reyes et al. report that "[i]n the filamentous
fungi the lytic enzymes involved in the degradation of the
cell wall and storage polysaccharides show increased activity
in the culture fluid during the autolytic phase of growth.
Reyes, "Lytic enzymes in the autolysis of Schizophyllum
commune with special reference to 1,3-"-glucanase," Can. J.
Microbiol., Vol. 26, page 1120 (1980).
38. Reyes goes on to state that "[t]hese enzymes
also occur in the mycelium and in the cell wall" (id.).
39. Reyes indicates that after autolysis has
proceeded for some time, "carbohydrates may accumulate and
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Application 07/795,158
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could cause catabolic repression of enzyme synthesis" (id.) at
1124, end of col. 2. In other words, the optimum time for
permitting autolysis to occur must be determined.
40. A first publication of Lahoz et al. reveals that
"[i]t is well known that the autolytic phase of growth in
filamentous fungi is a degration [sic-degradation] process
carried out to a great extent by lytic enzymes produced by the
same fungi." Lahoz et al., "Lytic Enzymes in the Autolysis of
Filamentous Fungi," 60 Mycopathologia 45 (1976).
41. Another publication of Lahoz et al. reveals that
autolysis of filamentous fungi is influenced by external
variables. Lahoz et al., "Effect of the pH on the degree of
autolysis of Aspergillus niger," 67 Can. J. Bot. 1901 (1979).
Among those external influences are (1) the nature of the
nitrogen source, (2) culture conditions, (3) addition of
antibiotics or vitamins, (4) temperature, (5) carbon source
concentration and, as the article describes, the pH value
during autolysis. Id.
B. Discussion
1. The examiner's rejection
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Application 07/795,158
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As noted above, the examiner found that Ashbya gossypii
is a yeast. Applicant seems to agree. But, the evidence we
have uncovered reveals that Ashbya gossypii is a filamentous
fungi.
The nature of Ashbya gossypii is critical to the
evaluation of the prior art cited by the examiner,
particularly Babayan. According to Babayan, autolysis of
yeasts is difficult. Specifically, Babayan indicates that
"[i]n the process of autolysis the cell wall in most yeasts
undergoes only certain structural modifications; however, its
completeness is retained ***." Babayan, page 132.
Applicant's claim 6, however, requires "complete enzymatic
breakdown of the cell wall and proteins ***." Accordingly, if
Ashbya gossypii was a yeast, it would be difficult to see how
the teachings of Babayan could apply to the claims before us.
The examiner's finding that Ashbya gossypii is a yeast is
clearly erroneous. Likewise erroneous, is applicant's
statements that Ashbya gossypii is a yeast. Applicant's
traverse of the examiner's rejection, like the rejection
itself, is bottomed on a faulty factual premise.
Accordingly, we reverse the examiner's rejection.
Appeal No. 93-4005
Application 07/795,158
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2. New ground of rejection under 37 CFR § 1.196(b)
Claims 3, 4 and 6 are rejected under 35 U.S.C. § 103 as
being unpatentable over (1) Tanner, (2) Kirk-Othmer, (3)
German Patent 29 20 592, (4) Babayan, (5) Reyes and (6) the
two Lahoz publications.
Tanner and Kirk-Othmer confirm what applicant readily
concedes, i.e., "[t]he preparation of riboflavin (vitamin B )2
by microbial fermentation process is known" (specification,
page 1, lines 7-8). One microbial fermentation uses the
microorganism Ashbya gossypii.
German Patent 29 20 592 reveals that it is desirable to
achieve cell lysis (page 4) in making riboflavin a microbial
fermentation using Ashbya gossypii as the microorganism.
Babayan teach that in certain fungi (i.e., those which
are not yeasts), autolysis involving both cytoplasmatic
membrane and cell wall destruction can be achieved through the
use of various physical, chemical and biological factors. The
second Lahoz article confirms to some extent what Babayan is
saying (page 1901, col. 1). The first Lahoz publication tells
us that, in the case of filamentous fungi, autolysis is
Appeal No. 93-4005
Application 07/795,158
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carried out "to a great extent by lytic enzymes produced by
the same fungi" (page 45, col. 1).
Applicant's claim 6 call for the use of certain ranges of
temperature, pH and time, as well absence of aeration. All
would seem to be result oriented variables. That is, one
having ordinary skill in the art, aware of all the prior art
cited above, would reasonably expect that autolysis would
occur in a fermentation broth containing Ashbya gossypii.
However, one having ordinary skill in the art would have had
to conduct certain experiments to determine how to balance
temperature, pH and time. One biological factor mentioned by
Babayan is removal of oxygen. Babayan explains that removing
oxygen from actively growing cultures of aerobic
microorganisms (Ashbya gossypii is an aerobic microorganism)
causes impaired energy supply to the cells (page 131, under
Biological Inductors (1)), which one having ordinary skilled
in the art would understand would lead to cell death and
autolysis. Based on the record before us, including the prior
art cited above, we conclude that one having ordinary skill in
the art would know what physical, chemical and biological
factors are relevant. One having ordinary skill in the art,
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Application 07/795,158
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based particularly on the teachings of Babayan, would have
been able through routine experimentation to determine
appropriate ranges for those factors. The prior art, as a
whole, demonstrates that one having ordinary skill in the art
would have the skill and motivation to determine the optimum
conditions to achieve autolysis. Compare In re Woodruff, 919
F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Accordingly, we
conclude that the subject matter of the claims on appeal would
have been prima facie obvious.
We have not overlooked the claimed limitation of 6-28
hours and the apparent discouragement described by German
Patent 29 20 592 and Epstein of not exceeding "about 45
minutes." Epstein discourages heating for more than 45
minutes, because the viscosity of his media is said to
increase. Because Epstein is collecting riboflavin from a
supernatant, an increase in viscosity would decrease yield.
As we pointed out in Finding 16, unlike applicant, Epstein has
not provided any microscopic data to confirm the statement
that "heating serves to lyse the cells." Given the time and
temperature taught by Epstein, and his observation as to when
the media becomes viscous, it is reasonable to conclude that
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Application 07/795,158
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cell lyses may not begin until after 45 minutes. Thus,
although Epstein realized, and suggested, that enhanced yield
would be obtained when riboflavin-producing microorganisms are
lysed, there is no evidence that Epstein ever worked with
cells in a lysed condition.
When we turn to the Babayan reference, which describes
autolysis of various microorganisms, we do not find any
discouraging statements with respect to time. In view of the
different culture variables described by Babayan, those
skilled in the art would have expected that gentle heating of
an oxygen-deprived culture of filamentous fungi would have
resulted in the complete enzymatic breakdown of the cell wall
and proteins over time.
Hence, the time statements by Epstein reduce to a mere
conclusion. Our appellate reviewing court recently made the
observation that nothing in applicable jurisprudence requires
the fact finder to credit the unsupported assertions of an
expert witness. Rohm and Haas Co. v. Brotech Corp., 127 F.3d
1089, 1092, 44 USPQ2d 1459, 1462 (Fed. Cir. 1997).
Appeal No. 93-4005
Application 07/795,158
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Moreover, other prior art manifestly reveals that time is
a result oriented variable. See, e.g., Reyes and the
discussion in our Findings 37-39.
In addition to relying on considerable prior art not of
record when the appeal reached the board, we have also relied
on new rationale. Accordingly, this rejection is designated
as a new ground of rejection under 37 CFR § 1.196(b).
C. Additional prior art
During the course of our deliberations, we became aware
of two additional publications. We call those publications to
the examiner and applicant:
(1) Ozbas et al., "Comparative study of riboflavin
production from two microorganisms: Eremothecium ashbyii and
Ashbya gossypii," 8 Enzyme Microb. Technol. 593 (1986).
(2) Tanaka et al., "Enzymatic Hydrolysis of Yeast
Cell Walls," "Susceptibilities of Isolated Cell Walls and
Ascus Walls of Various Yeasts to the Actions of Bacterial
Endo-$-glucanases," Symposium on Yeast Protoplasts (1967).
D. Decision
The decision of the examiner rejecting claims 3, 4 and 6
is reversed.
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A new ground of rejection under 37 CFR § 1.196(b) has
been entered.
E. Time for taking action
This opinion contains a new ground of rejection pursuant
to Rule 196(b) (37 CFR § 1.196(b), amended effective Dec. 1,
1997). See Notice of Final Rule, Changes to Patent Practice
and Procedure, 62 Fed. Reg. 53131, 53197 (Oct. 10, 1997),
reprinted in 1203 Off. Gaz. Pat. & Trademark Office 63, 122
(Oct. 21, 1997)).
Rule 196(b) provides that, "A new ground of rejection
shall not be considered final for purposes of judicial
review."
Rule 196(b) also provides that the applicant, WITHIN TWO
MONTHS FROM THE DATE OF ENTRY OF THIS DECISION, must exercise
one of the following two options with respect to the new
ground of rejection to avoid termination of proceedings
(§ 1.197(c)) as to the rejected claims:
(1) Submit an appropriate amendment of the
claims so rejected or a showing of facts relating to
the claims so rejected, or both, and have the matter
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Application 07/795,158
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reconsidered by the examiner, in which event the
application will be remanded to the examiner ***.
(2) Request that the application be reheard
under § 1.197(b) by the Board of Patent Appeals and
Interferences upon the same record ***.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
REVERSED
(37 CFR § 1.196(b))
______________________________
BRUCE H. STONER, Jr., Chief )
Administrative Patent Judge )
)
)
______________________________)
FRED E. McKELVEY, Senior ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
______________________________)
JOAN ELLIS )
Administrative Patent Judge )
Appeal No. 93-4005
Application 07/795,158
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cc: KEIL & WEINKAUF
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