Appeal No. 93-4005
Application 07/795,158
26. According to Davis et al., Microbiology, page
966 (1973) (published by Harper & Row, Publishers, Inc.),
"[f]ungi grow either as single cells, the yeasts, or as
multicellular filamentous colonies, the molds and mushrooms.
27. In a patent published in 1948, Tanner makes a
reference to "the yeast, Ashbya gossypii." Tanner, supra, at
col. 1, line 10.
28. By 1961, Smith et al. refer to A. gossypii" as a
"mold." See Smith et al., "Effect of Surface Active Agents on
the Biosynthesis of Riboflavin by Ashbya gossypii," Biochim.
Biophys. Acta, Vol. 47, pages 344-349 (1961), in particular
page 344 (emphasis added; footnotes omitted):
A synthetic medium which supports the growth of A.
gossypii has been known for some time, but the mold does
not produce appreciable quantities of riboflavin except
in the presence of complex nutrients such as peptone,
corn steepwater, etc.
29. Smith's characterization of Ashbya gossypii as a
filamentous mold fungi in 1961 is consistent with the manner
in which Ashbya gossypii was characterized in 1991 by the
American Type Culture Collection (ATCC) in its Catalogue of
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