Appeal No. 93-4005
Application 07/795,158
undesirable as it increases rather than decreases broth
viscosity.
16. While both the German Patent 29 20 592 and
Epstein make a statement that it is disadvantageous to heat
beyond 45 minutes, neither indicate the basis on which this
"disadvantage" is based. It is true that both make a
statement that viscosity will increase if heating takes place
for more than 45 minutes. According to Epstein, "heating
serves to lyse the cells" (col. 1, line 66). However, there
does not appear to be any experimental data in Epstein to
support the conclusion Epstein seeks to draw from heating.
There is no basis in Epstein for concluding that the only
microorganism mentioned therein (B. subtilis (see, e.g.,
Example 4)) or Ashbya gossypii would lyse (i.e., would
"complete[ly] *** breakdown of the cell wall and proteins," as
required by claim 6) in 15-45 minutes at the temperature
(50-60EC) described by Epstein. Because the basis upon which
the "heating serves to lyse the cells" statement is made is
not clear, and in view of later published prior art discussed
infra, we conclude that one having ordinary skill in the art
would decline to give the statement much weight.
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