Appeal No. 1996-2558
Application 08/152,099
THE REJECTIONS
Claims 1, 2, 4-7 and 22 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by Schülein and under 35 U.S.C.
§ 103 as being obvious over Schülein.
OPINION
We have carefully considered all of the arguments
advanced by appellants and the examiner and agree with
appellants that the aforementioned rejections are not well
founded. Accordingly, we reverse these rejections.
Rejection under 35 U.S.C. § 102(b)
Appellants’ claim 1, which is the only independent claim,
requires that the fungal cellulase composition is free of all
CBH I type components. The examiner argues that Schülein’s
composition preferably contains at least 90% of an EG type
component (page 5, line 35 - page 6, line 2) and that this
envisions 100% (answer, page 3). The examiner further argues
that Schülein’s testing indicated essentially no
cellobiohydrolase activity, i.e., below 0.5 PNP-Cel/mg (page
15, lines 11-12), and concludes that the tests indicated a
3
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