Appeal No. 2004-0601 Page 2
Application No. 08/989,140
The examiner relies upon the following references:
Perkins et al. (Perkins) EP 0 405 370 Jan. 2, 1991
Oltmanns et al. (Oltmanns), “Biochemical and Genetic classification of riboflavine
Deficient Mutants of Saccharomyces cerevisiae,” Molec. Gen. Genetics, Vol.
105, pp. 306-313 (1969)
Revuelta et al. (Revuelta), “Biosynthesis of Vitamin B2 in Yeast,” In Organizing
Committee of Biotech-90(Eds). From Genes to Bioproducts, DM PPU, Murcia,
Spain, pp. 117-122 (1990)
Claim 10 stands rejected under 35 U.S.C. § 103(a) as being obvious over
the combination of Revuelta and Perkins. After careful review of the record and
consideration of the issues before us, we reverse.
DISCUSSION
According to the rejection, SEQ ID Nos: 2, 4, 8 and 12 correspond to rib1,
rib2, rib4, and rib7, respectively, from Saccharomyces cerevisiae. See Appeal
Brief, page 3. Revuelta is cited for teaching the RIB genes, rib1-rib6 and rib7
from Saccharomyces cerevisiae. See id. at 4. The rejection notes that “[w]hile
Revuelta [ ] specifically describe[s] the characterization of only rib3 and rib5,” but
asserts that the reference has “‘cloned all six genes,’” thus those DNA
sequences “are enabled since one of skill in the art could readily repeat the
experiments for rib3/rib5 using a selection mechanism specific for rib1, rib2, rib4,
or rib7.” Id. While noting that “Revuelta [ ] also suggest[s] returning these genes
to yeast by transformation of multicopy vectors and obtaining riboflavin for
quantification,” the rejection acknowledges that “Revuelta [ ] do[es] not
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