Ex parte EDDY - Page 4




              Appeal No. 1995-2772                                                                                        
              Application 08/001,063                                                                                      



              reasons which are not clear to us, failed to withdraw the rejection.  Supplemental Answer,                  
              Paper No. 29, p. 3.  Since there is no controversy as to this issue, we consider the                        
              rejection as being MOOT.                                                                                    


                                                       Discussion                                                         
                     Biotin, also known as vitamin H, is an essential component in the metabolism of                      
              most organisms.  Specification, p. 1.   At the time of the invention, the biotin biosynthetic               
              pathway in Escherichia coli (hereinafter, E. coli) was known to involve at least six enzymes                
              which are encoded by the bioA, bioB, bioF, bioC and bioD genes.  Fisher, col. 3, lines 2-                   
              4.  As indicated by the claim above, the present invention is directed to host cells which                  
              are transformed with the E. coli bioH gene and which are capable of producing more biotin                   
              than host cells which have not been transformed with the gene.  In addition, the invention                  
              encompasses recombinant molecules comprising the E. coli bioH gene; methods of                              
              increasing biotin production by transforming host cells with said gene; and methods of                      
              making said host cells.  Useful host cells are said to include bacteria of the genera                       
              Escherichia, Bacillus, Pseudomonas, Salmonella, and Corynebacterium, as well as yeast                       
              of the genus Saccharomyces.  Specification, p. 35.                                                          
                     All of the claims on appeal require a biotin-producing recombinant cell which has                    
              been transformed with an E. coli bioH gene such that said cell produces more biotin than a                  

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