Appeal No. 1996-2558
Application 08/152,099
complete absence of CBH I type components and that, therefore,
appellants’ claimed invention is anticipated by Schülein
(answer, pages 3-4). The examiner’s argument is not
persuasive because the examiner has not established that a
composition which has “essentially no cellobiohydrolase
activity” as disclosed by Schülein is free of all CBH I type
components as required by appellants’ claim 1. Schülein’
composition which has “essentially no cellobiohydrolase
activity” could have some CBH I type components present, but
in an amount which provides a cellobiohydrolase activity below
0.5 PNP-Cel/mg. Consequently, the examiner has not
established that Schülein discloses each element of
appellants’ claimed composition and, therefore, has not set
forth a prima facie case of anticipation.
Rejection under 35 U.S.C. § 103
The examiner argues that Schülein teaches that using a
cellulase enzyme having a high percentage of EG type
components has the advantages of fabric softening and color
clarification and that, therefore, one of ordinary skill in
the art would have been motivated to use in the composition
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