Appeal No. 2001-0380 Page 2
Application No. 08/676,971
Wergeland et al. (Wergeland) 5,008,197 Apr. 16, 1991
Hofmann et al. (Hofmann), “External Factors Limiting the Multiplication Potential
of Tetrahymena,” J. Cell Sci., Vol. 50, p. 407-418 (1981)
Griffiths, “Scaling-up of Animal Cell Cultures” Animal Cell Culture: a practical
approach, Chp. 3, pp. 33-39 (1987)
Lognay et al. (Lognay), “Improvement of Fed Batch Mass Culture for γ Linolenic
Biosynthesis by Tetrahymena Rostrata,” Biotechnology Letters, Vol. 11, No. 6,
pp. 423-426 (1989)
GROUNDS OF REJECTION
Claims 1, 2 and 5-9 stand rejected under 35 U.S.C. § 103 as obvious over
Hofmann in view of Wergeland and Griffiths.
Claims 1, 3, 4 and 10-14 stand rejected under 35 U.S.C. § 103 as obvious
over Hofmann in view of Wergeland, Gosselin and Griffiths.
We reverse.
DISCUSSION
Claims 1, 2 and 5-9:
According to the examiner (Answer, page 4), Hofmann “teach a method
for culturing the ciliates, Tetrahymena, which belong to the group Holotrichia,
comprising the steps of placing ciliates in an Erlenmeyer flask containing media
and shaking the flask at a low speed to avoid generation of foam….” The
examiner recognizes, however, that Hofmann “do not teach stirring the ciliates
with a magnetic stirrer at a particular speed, nor … a membrane aeration stirrer
or stirring by a reciprocating mixing technique.” Id. To make up for these
deficiencies in Hofmann, the examiner relies on Wergeland and Griffiths.
The examiner relies on Wergeland (id.) to “teach a method and device for
improving oxygenation of fragile cells in culture … wherein mammalian cells in
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