Appeal No. 94-1911
Application 07/662,735
11. The method of microbiologically degrading
organic material in a mixed microbiologically competitive
environment which comprises introducing to said environment
a recombinantly modified microorganism in the presence
of at least one substance not normally utilized by micro-
organisms indigenous to said environment but utilized
as a growth substrate by said recombinantly modified micro-
organism, said recombinantly modified microorganism having
been genetically modified to express upon utilization of
said growth substrate at least one enzyme operable in the
degradation of said organic material.
6. The method according to claim 11 wherein said
substrate is a surfactant.
2. Discussion
In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir.
1992) instructs at 1445, 24 USPQ2d at 1444:
[T]he examiner bears the initial burden, on review of
the prior art or on any other ground, of presenting a
prima facie case of unpatentability.
This burden should be no revelation to examiners. In re Fine,
837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988) teaches at 1074,
5 USPQ2d at 1598:
The PTO has the burden under section 103 to establish a
prima facie case of obviousness. . . . It can satisfy this
burden only by showing some objective teaching in the
prior art or that knowledge generally available to one
of ordinary skill in the art would lead that individual
to combine the relevant teachings of the references.
Moreover, “The first paragraph of § 112 requires nothing more
than objective enablement. . . . How such a teaching is set
forth, either by the use of illustrative examples or by broad
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