Appeal No. 95-0448
Application 07/825,632
Northern Regional Research Laboratory in Peoria, Illinois.
See the
Summary and the footnote on the first page of Rogovin. The
strain is designated as Xanthomonas campestris NRRL B-1459.
The reference is silent as to the genetic history of this
particular strain. We learn from Rogovin that the strain
obtained from the depository is an Xgs strain, which+
successfully produces xanthan gum. There is no basis upon
which to find that this strain was an Xgs mutant which has-
been complemented by a genomic restriction segment selected
from the group of genomic segments set forth in claim 28.
The examiner appears to accept the novelty of the
bacterium used in the claimed fermentation method. The
rejection states at page 4 of the Examiner’s Answer:
Novelty in the starting material and/or the
final product does not necessarily lend
patentability to a known process of making.
In response to appellants’ arguments on expectation of
success and unpredictability with respect to xanthan gum
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