Appeal No. 1996-2123
Application No. 08/069,458
At page 6 of the Examiner=s Answer, the examiner states AKusakabe, teach the microbial
production of a polysaccharide AX using a microorganism belonging to the genus Acetobacter. Specific
culture conditions such as aeration or agitation are taught to be employed conventionally in the cultivation
of microorganisms belonging to this genus (col. 2, lines 55-65)."
At page 7 of the Examiner=s Answer, the examiner states ARamamurti, teach cellulose formation
by Acetobacter acetigenum in a 50% (w/w) glycerol synthetic medium (see intro. on page 2267).@
At page 7 of the Examiner=s Answer, the examiner concludes that A[e]ach of the above cited
references . . . discloses strains of Acetobacter xylinum, or Acetobacter acetigenum . . . capable of
producing cellulose under conditions of agitation. Therefore, the reference strains and their use to produce
cellulose is
encompassed by the claimed designated strains of Acetobacter and its use as herein claimed.@ The
examiner further concludes by stating:
However, even if the specific claimed designated strains are not
identical, the reference strains would have rendered the claimed strains
and the use of these strains, grown under agitation conditions to produce
cellulose, obvious to one of ordinary skill in the art at the time the claimed
invention was made in view of the close relationship between strains of
the same species which produce a similar or the same cellulose product
under conditions of agitation.
See, Examiner=s Answer, bridging paragraph, pages 7-8.
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