Ex parte THORNE et al. - Page 4




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

                   pullulan to a heat treatment for a period of time and temperature effective to deactivate any                                                    
                   enzymes therein which decrease the molecular weight of the pullulan.                                                                             
                            34.  A method for producing substantially non-pigmented pullulan comprising the                                                         
                   steps of subjecting an isolated substantially biologically pure microbial culture selected                                                       
                   from the group consisting of A. pullulans ATCC 74100, A. pullulans ATCC 74101, A.                                                                
                   pullulans 74102, A. pullulans 74103, A. pullulans 74104, and A. pullulans 74105, and                                                             
                   mutants thereof, said mutants being capable of producing substantially non-pigmented                                                             
                   pullulan, said cultures being capable of reproducing themselves and of producing                                                                 
                   substantially non-pigmented pullulan in isolatable amounts when cultured in a liquid                                                             
                   growing medium containing assimilable sources of carbon, nitrogen, and inorganic                                                                 
                   substances to fermentation conditions in a fermentation broth and harvesting the pullulan                                                        
                   from the broth, wherein during the fermentation, after the pH of the fermentation broth has                                                      
                   stabilized, the pH is adjusted to about 7.0 and wherein after the substantially non-                                                             
                   pigmented pullulan is harvested, it is subjected to a heat treatment for a period of time and                                                    
                   temperature effective to deactivate any enzymes therein which decrease the molecular                                                             
                   weight of the substantially non-pigmented pullulan.                                                                                              
                            The examiner relies on the following references:                                                                                        
                   Kato et al. (Kato)                              3,912,591                                       Oct. 14, 1975                                    
                   Kelly et al. (Kelly), “The effect of Ethidium Bromide Mutagenesis on Dimorphism,                                                                 
                   Extracellular Metabolism and Cytochrome Levels in Aureobasidium pullulans,” Journal of                                                           
                   General Microbiology, Vol. 102, pp. 249-254 (1977)                                                                                               
                   Shumin Na et al. (Shumin Na), “Screening of Strains Producing Nonpigmented                                                                       
                   Extracellular Polysaccharides and Determination of their Products,” Weishengwuxue                                                                
                   Tongbao, Vol. 17, pp. 7-9 (1990)2                                                                                                                
                                                             GROUNDS OF REJECTION                                                                                   






                            2It would appear from a review of the record that the examiner actually relies on an                                                    
                   eleven page English translation of this reference.                                                                                               
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