Appeal No. 1996-2214
Application No. 08/208,123
Issue3
Claims 3, 6-9, 11 and 13-21 stand rejected under 35 U.S.C. § 103. The examiner
relies on Takayama as evidence of obviousness of the rejected claims. We agree with the
examiner’s rejection in view of the disclosure of Takayama up to a point. Takayama does
disclose the production of citric acid using Candida yeast strains similar to those of the
present invention in the presence of glucose as a carbon source, ammonium as a nitrogen
source, and under aerobic conditions (conditions requiring oxygen). The examiner
acknowledges that Takayama does not disclose the exact nutrient ratios which are now
claimed.
It is the examiner’s position that a skilled artisan is always motivated to adjust the
concentrations of nutrients in order to maximize production and can do so as a matter of
routine experimentation. Examiner’s Answer, unnumbered page following first numbered
page 3. The examiner further submits that altering one or both of oxygen or glucose
levels in order to optimize the production of citrate would be a matter of routine
experimentation. Examiner’s Answer, second numbered page 3.
3The examiner has withdrawn the final rejection of the appealed claims under 35
U.S.C. § 112, second paragraph, as claim 21 being indefinite (see Examiner’s Answer,
page 2).
4
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