Appeal No. 2001-1973 Page 7
Application No. 08/734,184
determine the culture conditions which would enable Chaetoceros sp. to
outcompete other species of algae in an open culture system.” Timmons
determined that nutrient level, pH control, seeding level, and full sunlight affected
the density of Chaetoceros sp. growth. See pages 179-180. In particular,
Timmons concluded that “Chaetoceros sp. dominated their cultures with
continuous addition of nutrients at a very low level (3.63 x 10-2 mg N/l, 2.12 x 10-2
mg P/l).” The process disclosed by Timmons therefore comprises “establishing
concentrations of constituent elements in the aqueous medium for unialgal
harvesting for promoting optimum growth rates of the microalgae.”
Appellants also argue that “Timmons points out that having varied pH
provides opposite results indicating that specific pH determination would require
undue experimentation to yield optimal output of any particular microalgae.”
Appeal Brief, pages 8-9.
This argument is also not persuasive. First, the claims only require that
the pH be maintained at a “fixed” level, not at an optimal level. In addition,
Timmons discloses that maintaining the pH of the culture medium at 8.0
(± 0.2 pH units) “result[ed] in increased Chaetoceros sp. density,” compared to
no control of pH. See page 180 and page 171 (Table 2). The record therefore
provides no support for Appellants’ assertion that Timmons does not teach this
feature of the claimed process.
3. Clement and Dunahay
The examiner rejected claims 1 and 5-9 as anticipated by Clement, and
rejected claims 2-4 and 10 as obvious in view of Clement and Dunahay. We
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