Appeal No. 95-4440
Application 07/841,707
melanin at best and pullulan at least, and/or
(2) produce hydrogenated pullulan having an average molecular
weight of 5 x 10 at best and pullulan at least, are6
sufficient to shift the burden to appellants to show that the
claimed and
prior art strains are not the same or substantially the same.
We emphasize the word “was” because of the examiner’s most
recent findings and conclusions that the rejections stand only
insofar as the mutant strains are concerned.
The examiner has apparently now decided that the prior
art disclosures of strains having a common genus which (1)
produce unpigmented pullulan or pullulan having a lower
quantity of melanin at best and pullulan at least, and/or (2)
produce hydrogenated pullulan having an average molecular
weight of
5 x 10 at best and pullulan at the very least, are not6
sufficient to shift the burden to appellants to show that the
claimed A. pullulans strains and the prior art A. pullulans
strains are not the same or substantially the same. More
pertinent to the issues presently before us, whatever
characteristics the prior art attributes to the pullulan which
the A. pullulans strains it discloses produce, we find even
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