Ex parte BEN-BASSAT et al. - Page 11




          Appeal No. 95-1484                                                          
          Application 08/070,650                                                      
               microbially produced cellulose under conditions of                     
               agitation, said cellulose being characterized by a high                
               frequency of thickened branched substantially continuous               
               cellulose strands that interconnect to form reticulated                
               grid-like structure extending in three dimensions, said                
               sheet showing a high degree of resistance to                           
          densification                                                               
               by wet compression.                                                    
                    3.   The cellulosic sheet of claim 1 wherein the                  
               microbial cellulose is produced by a cellulose producing               
               organism of the genus Acetobacter.                                     
                    4.   The cellulosic sheet of claim 3 in which the                 
               Acetobacter organism is resistant to mutation in agitated              
               culture to non-cellulose producing strains.                            
                    5.   The cellulosic sheet of claim 4 wherein the                  
               microbial cellulose is produced by a cellulose producing               
               organism of the species Acetobacter xylinum.                           
                    6.   The cellulosic sheet of claim 5 wherein said                 
               microorganism is selected from the group consisting                    
               of Acetobacter xylinum ATTC 53264, 53263, and 53254,                   
               corresponding to strains 1306-3, 1306-11, and 1306-21.                 
          Johnson’s specification is practically, if not completely,                  
          identical to the specifications supporting the claims of this               
          appeal and the claims of Ben-Bassat, U.S. 5,144,021.                        
               On consideration of the claimed subject matter allowed in              
          Ben-Bassat, U.S. 5,144,021, and Johnson, U.S. 4,863,565, it                 
          appears that the present examiner’s rejection of Claims 57,                 
          64-66 and 68 in this application is inconsistent with the                   
          allowance of similar subject matter by other examiners.                     


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