Appeal No. 1996-2123
Application No. 08/069,458
Furthermore, the presence of substantially low amounts of
gluconic acid and ketogluconic acids in a glucose-containing medium
would have also been expected since Ring >758 discloses that rapid
microbial cellulose production has been observed in a culture medium
based on fructose, mannitol and sorbitol as well as in a glucose-containing
medium . . . . Clearly there is no suggestion of significant amounts of
gluconic acid and ketogluconic acid.
Further, one of ordinary skill in the art would have expected low
amounts of these substances since cellulose is the preferred
polysaccharide product and is comprised of glucose. Thus, glucose would
not be available as a product for the formation of gluconic acid, or
ketogluconic acid, since the glucose would be used up by the microbe to
produce cellulose. Thus, low amounts of these acids would be expected.
At page 20 of the Examiner=s Answer, the examiner states,
Other modifications to the claims with respect to low amounts of
gluconic acid and ketogluconic acid would also have been obvious since
one of skill would have known the limitations of inorganic and organic
acids, and their effects on the stability of a cellulose culturing process.
This feature is taught by Ring . . . wherein Ring clearly teaches the effect
of HCl on pH and the importance of a neutralized pellicle.
In response to this position, appellants= state ARing et al. does not contain any suggestion to regulate the
pH of an Acetobacter culture. The portion of Ring et al. cited by the [e]xaminer is concerned with the
processing of a cellulose pellicle . . . and does not contain any discussion of regulating culture conditions.@
See, Reply Brief, bridging paragraph of pages 8-9.
In the bridging paragraph of pages 20-21 of the Examiner=s Answer, the examiner states A[s]ince
specific levels of pH in fermentation are effected by the presence of acids, as exemplified by Ring, the
skilled artisan would have found the regulation of acid production to be a motivational factor in maintaining
a stable cell culture for the production of cellulose.@
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