Appeal No. 2006-3250 Page 9
Application No. 10/468,562
In particular Hikichi discloses that “[t]he gene involved in the pantothenic
acid biosynthesis mentioned herein is the panB, panC or panD gene,
corresponding to the enzymes ketopantoate hydroxymethyltransferase,
pantothenate synthetase and aspartate-α-decarboxylase, respectively.” Column
7, lines 27-31. We note, however, that while Hikichi discloses the “deregulation”
of one or more of the genes involved in the biosynthetic pathway of D-
pantothenic acid, Hikichi still requires that the organism be grown in a medium
that contains β-alanine in order to obtain large amounts of D-pantothenic acid.
See e.g., Hikichi, column 3, lines 58-61, and examples 3 and 4, columns 13-14.
Therefore, we agree with the Examiner that a person of ordinary skill in
the art could not have predicted, from the combination of Hikichi and Baigori,
“exactly how much pantothenic acid would have been produced” by culturing a
microorganism modified to contain a gene or genes involved in the involved in
the biosynthesis of pantothenic acid in the absence of β-alanine. Answer, page
5. Accordingly, we disagree with the Examiner that due to the similarities
between E. coli and B. subtilis with respect to D-pantothenic acid synthesis, the
skilled artisan would have expected to have produced at least 2 g/L. Id. We find
no evidence on this record to support this assertion.
Further, we recognize the Examiner’s assertion that one of ordinary skill in
the art would have known how to manipulate the expression of the genes
involved in pantothenic acid biosynthesis to increase the production of
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: September 9, 2013