Appeal No. 93-4005 Application 07/795,158 2. New ground of rejection under 37 CFR § 1.196(b) Claims 3, 4 and 6 are rejected under 35 U.S.C. § 103 as being unpatentable over (1) Tanner, (2) Kirk-Othmer, (3) German Patent 29 20 592, (4) Babayan, (5) Reyes and (6) the two Lahoz publications. Tanner and Kirk-Othmer confirm what applicant readily concedes, i.e., "[t]he preparation of riboflavin (vitamin B ) 2 by microbial fermentation process is known" (specification, page 1, lines 7-8). One microbial fermentation uses the microorganism Ashbya gossypii. German Patent 29 20 592 reveals that it is desirable to achieve cell lysis (page 4) in making riboflavin a microbial fermentation using Ashbya gossypii as the microorganism. Babayan teach that in certain fungi (i.e., those which are not yeasts), autolysis involving both cytoplasmatic membrane and cell wall destruction can be achieved through the use of various physical, chemical and biological factors. The second Lahoz article confirms to some extent what Babayan is saying (page 1901, col. 1). The first Lahoz publication tells us that, in the case of filamentous fungi, autolysis is - 19 -Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: November 3, 2007