Appeal No. 95-0448
Application 07/825,632
First we ascertain the scope and content of the prior
art. In this record, the prior art is the teachings of the
Rogovin reference and the art discussed in the specification
of this application at pages 1 through 4, which is consistent
with Rogovin. Rogovin teaches that strains of Xanthomonas
campestris were known, as well as methods of culturing these
strains to produce xanthan gum, prior to the filing date of
this application.
In determining obviousness, all limitations in a claim
must be given careful consideration to ascertain the
differences between the claimed invention and the prior art.
In this case, the only difference is a difference in the
Xanthomonas campestris bacterial strain that is used in the
culturing method. This distinction, however, cannot be
ignored when discerning the invention as a whole for purposes
of an analysis under 35 U.S.C. § 103.
Rogovin does not describe a bacterium which meets the
limitations of claims 28 and 5, herein. Rogovin teaches a
method of culturing a strain of Xanthomonas campestris that
was obtained from the ARS Culture Collection at the U.S.D.A.’s
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