Appeal No. 95-4692
Application 08/141,316
is an enzymatic procedure. See, for example, Terahara ‘227,
the abstract; col. 2, lines 21-27. The patents further teach
that enzyme-containing extracts can be employed for the
hydroxylation
procedure. For example, Terahara ‘227, col. 6, lines 35-37;
Terahara ‘859, col. 19, lines 18-23. In view of the
inconsistency between the examiner’s arguments and the prior
art of record, we reverse the rejection.
II.
The examiner has based his conclusion of obviousness on
the teachings of the two Terahara patents and pp. 16 and 190
of the ATCC catalogue. Terahara ‘227 teaches a method of
preparing chemical compounds which inhibit the biosynthesis of
cholesterol (an HGM-CoA reductase inhibitor; a.k.a.,
pravastatin) by contacting the compound compactin, or salts
and esters thereof, with microoganisms of the genera Mucor,
Rhizopus, Zygorynchus, Circinella, Actinomucor, Gongronella,
Phycomyces, Martierella, Pycnoporus, Rhizoctonia, Absidia,
Cunninghamella, Syncephalastrum and Streptomyces. Terahara
‘859 teaches that it is advantageous to use microorganisms of
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