Appeal No. 1999-0157
Application No. 08/113,310
175 F.3d 994, 1000-01, 50 USPQ2d 1614, 1617-19 (Fed. Cir.
1999).
We note that the Moo-Young process, aerobic fermentation,
employs the use of oxygen to grow a culture of fungus. In
contrast, the Christ fermenting process, anaerobic
fermentation, requires the absence of oxygen. The
modification of Moo-Young to become an anaerobic fermentation
process would destroy the culture of fungus. Therefore, we
find that there would be no suggestion to those skilled in the
art to use the solution of the Christ reference employing a
completely different process in the Moo-Young aerobic
fermentation process.
Turning to the rejection of claim 23 under 35 U.S.C. §
103 over the combination of Moo-Young, Christ and Wilson, we
find that Wilson also fails to teach the above limitations
that we have discussed. In particular, Wilson is directed to
controlling a plurality of process variables. These variables
include temperature, pressure, agitation speed, flow rate of
additional gases, rate of addition of ingredients from
additional vessels, and pH. See column 2, lines 64 through
67. In addition, we fail to find that Wilson provides any
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