Appeal No. 1996-0833
Application No. 08/230,879
routine and well known in the art, the examiner has not established on this record that there is a
reasonable expectation of success of obtaining the required Mortierella microorganism mutant.
Thus, the examiner has not established a prima facie case of obviousness. Having concluded that the
examiner has not established a prima facie case of obviousness, we do not reach the rebuttal evidence
of unexpected results discussed on pages 12-15 of the brief and on pages 11-13 of the reply brief.
The rejection of claims 1-28 under 35 U.S.C. § 103 as being unpatentable over Akimoto or
Idemitsu ‘494 or Idemitsu ‘690 each taken in view of Crueger is reversed.
OTHER MATTERS
The examiner’s attention is directed to the Information Disclosure Statement filed November
24, 1999 (Paper No. 33) for appropriate action taking.
CONCLUSION
To summarize, the decision of the examiner to reject claims 1-28 under 35 U.S.C. § 103 as
being unpatentable over Akimoto or Idemitsu ‘494 or Idemitsu ‘690 each taken in view of Crueger is
REVERSED.
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