Ex Parte MOLLET et al - Page 2



              Appeal No. 2002-1926                                                               Page 2                
              Application No. 08/693,353                                                                               
              appeal and read as follows:                                                                              
                     23.  A process for preparing a composition having bactericidal activity                           
              comprising:                                                                                              
                     culturing cells of a strain of Micrococcus varians, which upon culturing in a                     
              culture medium, produces a bacteriocin which has agar well inhibition test activity                      
              against bacterial strains including Listeria monocytogenes to obtain cultured cells in a                 
              concentration of from 107 to 1011 organisms per ml of the medium and a supernatant                       
              comprising the bacteriocin; and                                                                          
                     separating the supernatant from the cultured cells to obtain the supernatant for                  
              obtaining a supernatant composition comprising the bacteriocin.                                          
                     24.  A process according to claim 23 wherein bacteriocin comprises an amino                       
              acid sequence selected form the group consisting of SEQ ID NO:1 and a sequence                           
              differing from SEQ ID NO:1 by from 1 to 4 amino acids.3                                                  
                     36.  The supernatant composition of the process of claim 23 or 24.                                
                     42.  A cell-free Micrococcus varians culture-medium-supernatant composition                       
              comprising a bacteriocin which has agar well incubation inhibition test activity against                 
              bacterial strains including Listeria monocytogenes.                                                      
                     45.  A bacteriocide which comprises a bacteriocin isolated from a bacteria and                    
              purified and which comprises an amino acid sequence selected from the group                              
              consisting of SEQ ID NO:1 and a sequence differing from SEQ ID NO:1 by from 1 to 4                       
              amino acids.                                                                                             
                     46.  A bacterioside according to claim 45 wherein the bacteriocin comprises                       
              amino acid sequence SEQ ID NO:1.                                                                         
                     The reference relied on by the examiner is:                                                       
              Cantoni et al. (Cantoni), “Bacteriocins from Micrococcaceae,” Industrie Alimentarie, Vol.                
              31, pp. 660-665 (July-August 1992)                                                                       
                                                    DISCUSSION                                                         
                     Claims 23-26, 28, 30, 32, 36, 38, 40, 42-47 and 51-54 stand rejected under the                    

                     3 As explained in the specification (pages 3,14 and 20), concentrated culture                     
              supernatants from Micrococcus varians strains CNCM I-1586 and CNCM I-1587 were                           
              found to inhibit various species of bacteria, including Listeria monocytogenes, in agar                  
              well tests.  Inhibitory fractions of the culture supernatants were found to contain a                    
              proteinaceous bacteriocin, termed “variacin.”  SEQ ID NO:1 represents the amino acid                     
              sequence of variacin.                                                                                    


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