Ex parte IIMORI et al. - Page 2


             Appeal No. 1998-1866                                                                                    
             Application 08/406,883                                                                                  


                    Claim 1 is representative of the subject matter on appeal and read as follows:                   
                    1.     A strain SKB-1152 (FERM BP-4718) having high lignin-degrading activity                    
                           and thermophilic pulp bleaching  activity.                                                
                    The reference relied upon by the examiner is:                                                    
                    Blanchette et al. (Blanchette)           5,427,945            Jun. 27, 1995                      
                                                                                  (filed Feb. 18, 1994)              
                    Claims 1, 5 to 10, 12 and 13 stand rejected under 35 U.S.C. § 102(e) as                          
             anticipated by Blanchette.  Claim 11 stands rejected under 35 U.S.C. § 103(a).  As                      
             evidence of obviousness, the examiner relies upon Blanchette.  We reverse both                          
             rejections.                                                                                             
                                                  BACKGROUND                                                         
                    Appellants explain in the background portion of the specification that attempts                  
             have been made to degrade the lignin in wood using white-rot fungi that selectively                     
             degrade lignin stating at pages 1 -2 of the specification:                                              
                           Coriolus versicolor and Phanerocheate chrysporium are typical examples                    
                    of such fungi with lignin degrading activity, and they have also been used in                    
                    research and development.                                                                        
                           However, these strain of fungi do not have sufficient lignin degrading                    
                    activity, and they were therefore inadequate for improving the brightness of pulp.               
                    Moreover, their selectivity is low so that in addition to ligni n, they degrade                  
                    polysaccharides such as cellulose and hemicellulose at the same time.  This                      
                    leads to poorer pulp quality and lower pulp yields, hence it was so far impossible               
                    to use these fungi industrially.                                                                 

             Appellants also indicate at page 2 of the specification that they have developed a                      
             method of isolating and screening new strains of fungi to identify those which have pulp                
             bleaching activity.                                                                                     



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