Ex parte THORNE et al. - Page 2




              Appeal No. 1997-2080                                                                                       
              Application No. 08/159,939                                                                                 

                                               DECISION ON APPEAL                                                        
                     This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 7, 21                    
              through 24, and 29 through 35.  The final rejection of claims 36 and 37, also pending in the               
              application, was not carried through to the Examiner’s Answer, thus claims 36 and 37 are                   
              not the subject of appeal.                                                                                 
                     Claims 21, 29, 31, 33, and 34 are representative of the subject matter on appeal                    
              and read as follows:                                                                                       
                     21.  A method for producing substantially non-pigmented pullulan having an M  of at                 
                                                                                                       W                 
                          6                                                                                              
              least 6 x 10  comprising the steps of subjecting a pure culture strain of Aureobasidium                    
              pullulans which produces substantially non-pigmented pullulan obtained by                                  
                     a) collecting at least one wild-type strain of Aureobasidium pullulans from natural                 
              sources;                                                                                                   
                     b) subjecting the collected strain to fermentation conditions so as to enrich for                   
              organisms that grow as fungal yeast-like cells and separating the yeast like cells thus                    
              produced;                                                                                                  
                     c) growing colonies from the separated yeast-like cells;                                            
                     d) selecting colonies by visual inspection from step c) which contain yeast-like cells              
              and exhibit reduced pigmentation compared to the other cells;                                              
                     e) testing the selected colonies for pigment production; and                                        
                     f) selecting the isolate which produces minimum pigment in submerged culture, to                    
              fermentation conditions in a fermentation broth and harvesting substantially non-pigmented                 
                                                       6                                                                 
              pullulan having an M  of at least 6 x 10  from the broth.                                                  
                                    W                                                                                    
                     29.  A method for producing substantially non-pigmented pullulan comprising the                     
              steps of subjecting a pure culture strain of Aureobasidium pullulans which produces                        
              substantially non-pigmented pullulan obtained by                                                           
                     a) collecting at least one wild-type strain of Aureobasidium pullulans from natural                 
              sources;                                                                                                   
                     b) subjecting the collected strain to fermentation conditions so as to enrich for                   
              organisms that grow as fungal yeast-like cells and separating the yeast like cells thus                    
              produced;                                                                                                  
                     c) growing colonies from the separated yeast-like cells;                                            

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