Appeal No. 1996-2215
Application No. 08/101,093
established a prima facie case of obviousness, we find it
unnecessary to discuss the Kintaka Declaration, executed
August 18, 1994, which is relied on by appellants as rebutting
any such prima facie case.
Accordingly, we reverse the rejection of claims 25
through 36 under 35 U.S.C. § 103 as unpatentable over Mori in
view of Shimizu.
E. The rejection under 35 U.S.C. § 103 over Mori in view
of Shimizu and Arcuri.
1. For the reasons previously set forth, the combined
disclosures of Mori and Shimizu fail to suggest appellants’
claimed process.
2. Arcuri describes releasing carbon dioxide gas to the
atmosphere by venting the gas from a fermentation process for
producing ethanol (column 2, lines 1-5). Arcuri discloses
that carbon dioxide generated during ethanol fermentation is
conducted away from the reaction zone near the point of origin
of the gas (column 6, lines 15-19).
3. Arcuri does not describe the recited steps of
(1) nonadsorbently controlling the partial pressure of carbon
dioxide gas in the fermentation process, or (2) recycling the
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