Ex parte KURTH - Page 16




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

          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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