Appeal No. 93-4005
Application 07/795,158
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
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