Ex parte KURTH - Page 12




          Appeal No. 93-4005                                                           
          Application 07/795,158                                                       

               cells of the stationary growth phase, for autolytic                     
               enzymes are synthesizing most intensively precisely in                  
               the cells of the exponential growth phase.  Hence,                      
               autolysis occurs when induction by means of a given                     
               factor not only fails to lead to degradation of autolytic               
               enzymes, but when there are optimal conditions for their                
               action.                                                                 
                        What kind of fungi is Ashbya gossypii?                         
                    23. In this case, determination of the nature of                   
          Ashbya gossypii is important, if not absolutely crucial.                     
                    24. If one having ordinary skill in the art would                  
          have characterized Ashbya gossypii as a yeast, then the                      
          teachings of Babayan would not have been considered                          
          particularly relevant to any effort to completely autolyze                   
          cell walls, inasmuch as Babayan indicates that yeast cells                   
          walls are not completely lysed.                                              
                    25. On the other hand, if Ashbya gossypii would have               
          been characterized as a filamentous fungi, the teachings of                  
          Babayan become relevant, because Babayan teaches that complete               
          autolyzing of cell walls is possible in certain fungi.                       
          Babayan, page 132.                                                           

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