Appeal No. 1996-2470
Application 08/192,488
appellants (reply brief, page 2), appellants refer on page 7
of the brief to the definition of genetic equivalent in Tomes,
but do not state that the microorganisms disclosed therein are
genetic equivalents of Propionibacterium acidipropionici
strain P .
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Ott discloses a composition for improving the efficiency
of ruminant feed utilization (col. 1, lines 9-11). The active
ingredient of the composition is one or more microbial
cultures which are capable of adjusting the weight ratio of
acetic acid to propionic acid to an optimum value of 1.5-4.0:1
and of growing in
the rumen and surviving there for at least 60 days (col. 2,
lines
33-38). The cultured microorganisms can be of the
Propionibacterium genus (col. 4, lines 59-63; col. 6, lines
61-68).
The examiner states that “the capability of
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