Appeal No. 95-0448
Application 07/825,632
culturing of Xanthomonas campestris is
essentially the only way to produce xanthan
gum, and said bacterium is the original source
of xanthan gum.
Much of the discussion in the Brief and in the rebuttal
section of the Examiner’s Answer focuses on the “logic” of the
decision in In re Durden, 763 F.2d 1406, 226 USPQ 359 (Fed.
Cir. 1985) and its applicability to our determination of the
obviousness of the claimed subject matter. The Brief and the
Reply Brief also suggest that In re Kuehl, 475 F.2d 658, 177
USPQ 250 (CCPA 1973) and In re Mancy, 499 F.2d 1289, 182 USPQ
303 (CCPA 1974), respectively, are applicable to the questions
of obviousness at issue.
A conclusion of obviousness under 35 U.S.C. § 103 is
fact-determinative. Prior decisions in other cases with
substantially distinct sets of facts do not control
determinations of patentability under 35 U.S.C. § 103 in
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