Appeal No. 1998-1866
Application 08/406,883
The present invention evolved from that previous work in that appellants state in
the paragraph bridging 2-3 of the specification that strain SKB-1152 has been
discovered to have high lignin-degrading activity and thermophilic pulp bleaching
activity. Appellants set forth microbiological characteristics of strain SKB-1152 on
pages 3-4 of the specification.
Blanchette describes a white-rot fungus strain denominated F361 which is useful
in selectively degrading the lignin component of wood pulp. While Blanchette does not
describe the microbiological characteristics of strain F361 in the detail that appellants do
in this specification for SKB-1152, Blanchette does state (column 7, lines 35-40) that
analysis of enzymes from the supernatant of cultures of F361 showed the presence of
laccase.
In setting forth the rejection under 35 U.S.C. § 102(e) on pages 3-4 of the
Examiner’s Answer, the examiner makes note of the fact that Blanchette teaches the
use of a white-rot fungus to degrade lignin containing products. The examiner
concludes that, while Blanchette did not measure and therefore does not disclose the
“specific characteristics that are found in applicants’ specification[1] it is considered in light
of the fact that the microbe accomplishes the same disclosed goals as applicants (see
kappa numbers)[2] that applicants’ fungi and the fungi of Blanchette et al. are inherently
the same.” At page 6 of the Examiner’s Answer, in responding to appellants’ arguments,
the examiner states “in the absence of evidence to the contrary, the burden is upon the
Appellants to prove that the claimed microbes are functionally different than those
1 We presume the examiner is referring to the microbiological characteristics set forth on pages 3-4 of the
present specification.
2 Kappa numbers are indicia of lignin content in wood pulp.
3
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