Appeal No. 95-0448
Application 07/825,632
suggestion in the prior art leading to the recombinantly
complemented Xgs mutants required in the claimed method, a-
prima facie case of obviousness has not been established.
We are aware that parent application, S.N. 07/517,551, of
which the instant application is a divisional, has issued as
U.S. Patent 5,279,961. Claim 1 thereof is drawn to a specific
bacterial culture referred to as Xanthomonas campestris strain
X59-1232. This strain falls within the genus of strains
required by claim 28 here on appeal. See U.S. Patent
5,279,961 at columns 19 and 20 (the Results section of Example
5) together with the relevant information from Example 1 of
the patent. Xanthomonas campestris strain X59-1232 is an Xgs-
mutant which has been modified by a c1 restriction fragment
from Xanthomonas campestris. We presume from the subject
matter claimed in this
patent that a species within the scope of claim 28 herein is
both novel and nonobvious. We have no basis on this record to
conclude that the use of the species claimed in U.S. Patent
5,279,961 to produce xanthan gum would otherwise have been
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