Appeal No. 2006-3250 Page 3
Application No. 10/468,562
We reverse.
DISCUSSION
“Pantothenic acid is a commercially important vitamin that is used in
cosmetics, medicine, human nutrition and in animal nutrition.” Binder, column 1,
lines 19-21. D-pantothenate can be prepared chemically or biologically.
According to Binder (column 1, lines 24-29), DL-pantolactone is an important
compound in the chemical synthesis of D-pantothenate. DL-pantolactone is
prepared in a multi-step process that includes separating D-pantolactone from
the racemic mixture before it is condensed with β-alanine to yield D-pantothenic
acid. Id.; see also Hikichi, column 1, line 14 – column 2, line 19. As Hikichi point
out (column 1, line 62 – column 2, line 19), the difficulties in resolving the racemic
pantolactone mixture is one of a number of drawbacks associated with the art
recognized methods for chemically synthesizing D-pantothenic acid.
In contrast to the chemical synthesis methods, the production of
D-pantothenic acid biologically, through the fermentation of microorganisms,
provides for the direct production of the D-pantothenic acid thereby avoiding the
additional resolution steps required by chemical synthesis methods. See e.g.,
Binder, column 1, lines 30-33; see also Hikichi, column 3, lines 8-14.
Nevertheless, while Appellants recognize that a number of fermentation
processes are known in the art for preparing D-pantothenic acid, Appellants point
out that these processes suffer from a number of disadvantages, such as low
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