Appeal No. 95-0448
Application 07/825,632
restriction map segments claimed as the added DNA is capable
of restoring xanthan production to a mutant strain which has
lost its ability to produce xanthan, i.e. an Xgs mutation.-
See page 9, line 1, through page 11, line 10, and Tables 1 and
2 together with their accompanying explanations from the
examples of the specification.
Discussion
Claims 28 and 5 stand rejected under 35 U.S.C. § 103 over
Rogovin. Rogovin discloses a fermentation method in which a
strain of Xanthomonas campestris is cultured under conditions
which are effective for the production of xanthan gum. The
strain used in Rogovin was obtained from a depository. The
rejection, as recited on page 4 of the Examiner’s Answer
states:
It would have been obvious to one of ordinary
skill in the art to have made xanthan gum by the
methods of Rogovin et al. employing a xanthan
gum-producing strain of Xanthomonas campestris.
Novelty in the starting material and/or the
final product does not necessarily lend
patentability to a known process of making.
The motivation to have used the methods of
Rogovin et al. would have been that such
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