Ex parte MIZUSAWA et al. - Page 12


                 Appeal No.  1996-0906                                                                                   
                 Application No.  08/110,341                                                                             


                        Accordingly, we reverse the examiner’s rejection of claims 1, 6-9, 15, 16, 18-                   
                 20 and 23 under 35 U.S.C. § 103 as being unpatentable over Butler in view of Thom                       
                 ‘291 or Thom ‘390 and Matsuo.                                                                           
                        The examiner relies on Wiersema for the teaching of a lipase derived from                        
                 Pseudomonas putida ATCC 53552.  According to the examiner (Answer, page 9)                              
                 “it would have been obvious to add lipase from Pseudomonas putida ATCC 53552                            
                 for the reasons set forth above [to obtain the advantage of this lipase having good                     
                 reactivity for triglyceride substrates, even in the presence of anionic surfactants]                    
                 when rejecting these claims.”  However, while Wiersema teaches a lipase,                                
                 Wiersema fails to remedy the deficiencies of the combination of Butler in view of                       
                 Thom ‘291 or Thom ‘390 and Matsuo, as discussed above.                                                  
                        Accordingly, we reverse the examiner’s rejection of claims 5, 10-14, 17, 21,                     
                 22, 24 and 25 are rejected under 35 U.S.C. § 103 as being unpatentable over                             
                 Butler in view of Thom ‘291 or Thom ‘390 and Matsuo as applied to claims 1, 6-9,                        
                 15, 16, 18-20 and 23 above, and further in view of Wiersema.                                            















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