Appeal No. 1996-0833
Application No. 08/230,879
1. A process for the production of a dihomo-(-linolenic acid (DGLA)
comprising the steps of:
culturing a microorganism of the genus Mortierella having an ability to produce
arachidonic acid (ARA) and having reduced or lost )5 desaturation activity, so that the
microorganism produces DGLA and ARA at a ratio of at least 2.5 (DGLA/ARA) in
the absence of )5 desaturase inhibitor, in a medium to produce DGLA or a lipid
containing DGLA, and
recovering the DGLA.
The references relied on by the examiner are:
Akimoto et al. (Akimoto) 4,916,066 Apr. 10, 1990
Idemitsu Petrochemical Co. (Idemitsu ‘494) 0 399 494 Nov. 28, 1990
(European Patent Application)
Idemitsu Petrochemical Co. (Idemitsu ‘690) 2-268690 3 Nov. 02, 1990
(Japanese Patent Application)
Crueger and Crueguer (Crueger), BIOTECHNOLOGY: A TEXTBOOK OF INDUSTRIAL
MICROBIOLOGY, second edition, English translation by Science Tech Publishers, Sinauer
Associates, Inc., Sunderland, MA, page 26 (1989).
Claims 1-28 stand rejected under 35 U.S.C. § 103 as being unpatentable over Akimoto or
Idemitsu ‘494 or Idemitsu ‘690 each taken in view of Crueger. We REVERSE.4
In reaching our decision in this appeal, we have given careful consideration to the appellants’
specification and claims and to the respective positions articulated by the appellants and the examiner.
We make reference to the examiner’s answer (Paper No. 25, mailed
3We refer in our opinion to the translation of Idemitsu ‘690 prepared for the PTO by Diplomatic Language
Services, Inc., a copy of which is attached to this decision.
4According to the examiner’s answer (page 2), the final rejection of claims 1-28 under 35 U.S.C. § 103 over
Akimoto or Idemitsu ‘494 or Idemitsu ‘690 “are withdrawn in view of the new grounds” of rejection supra, which
adds Crueger to the previous rejection.
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