Ex parte BROWN et al. - Page 11




          Appeal No. 2000-0018                                                        
          Application No. 08/860,941                                                  


                      in view of Kasturi, Chapple and Svendsen                        
               The appellants’ claim 6, which depends from claim 1,                   
          recites that the amylase enzyme has been modified such that                 
          its oxidative stability is enhanced.                                        
               Svendsen discloses a mutant "-amylase which exhibits                   
          improved stability in the presence of oxidizing agents and is               
          well suited as a detergent additive (abstract; page 1,                      
          lines 15-20).  This disclosure would have fairly suggested, to              
          one of ordinary skill in the art, using this mutant "-amylase               
          in the detergent composition of Watson or Kasturi to obtain                 
          the benefit of improved oxidative stability.  Thus, the                     
          composition recited in the appellants’ claim 6 would have been              
          prima facie obvious to one of ordinary skill in the art over                
          the combined teachings of Watson, Kasturi, Chapple and                      
          Svendsen, and also over the combined teachings of Kasturi and               
          Svendsen.                                                                   
               The appellants merely argue that Svendsen does not remedy              
          the deficiencies in Watson, Kasturi and Chapple with respect                
          to the composition recited in claim 1 (brief, page 11).  This               
          argument is not persuasive for the reasons given above                      


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