Ex Parte VALLE et al - Page 2

                  Appeal No.  2005-0394                                                            Page 2                   
                  Application No.  08/940,692                                                                               
                                (c) having a specific growth rate on glucose as a sole carbon                               
                                     source of at least 0.4h-1.                                                             
                         27. A method for increasing PEP availability to a biosynthetic or metabolic                        
                              pathway of a host cell, the method comprising,                                                
                                a) obtaining a host cell mutant characterized by having a Pts-/glu+                         
                                    phenotype requiring galactose permease activity to transport                            
                                    glucose; and having a specific growth rate on glucose as a sole                         
                                    carbon source of at least 0.4h-1 wherein the Pts- phenotype is                          
                                    caused by the deletion or inactivation of all or substantially all of                   
                                    one of the genes selected from the group consisting of ptsI,                            
                                    ptsH and crr; and                                                                       
                                b) culturing the host cell mutant in the presence of an appropriate                         
                                    carbon source, wherein said host cell mutant utilizes PEP as a                          
                                    precursor or intermediate of metabolism.                                                
                         38. A method for obtaining a Pts-/Glucose+, glactose permease requiring-                           
                              mutant cell, the method comprising:                                                           
                                (a) selecting a host cell which utilizes a phosphotransferase                               
                                    transport system;                                                                       
                                (b) mutating the host cell whereby the phosphotransferase                                   
                                    transport system is inactivated;                                                        
                                (c) culturing the mutant host cell under continuous culture                                 
                                    conditions using glucose as a carbon source; and                                        
                                (d) selecting mutant host cells which grow on glucose at a specific                         
                                    growth rate of at least 0.4h-1                                                          
                         The references relied upon by the examiner are:                                                    
                  Frost                              5,168,056                   Dec. 1, 1992                             
                  Ingrahm et al. (Ingrahm)            5,602,030                   Feb. 11, 1997                            
                  Holms, “The Central Metabolic Pathways of Escherichia coli:  Relationship                                 
                  Between Flux and Control Branch Point, Efficiency of Conversion to Biomass,                               
                  and Excretion of Acetate,” Curr. Topics Cell. Regulation, Vol. 28, pp. 66-105                             
                  (1986)                                                                                                    
                  Saier et al. (Saier), “characterization of Constitutive Galactose Permease                                
                  Mutants in Salmonella typhirmurium,” J. Bacteriol, Vol. 113, No. 1, pp. 512-514                           
                  (1991)                                                                                                    
                                              GROUNDS OF REJECTION                                                          
                         Claims 23, 27, 38, 46 and 49 stand rejected under 35 U.S.C. § 103 as                               
                  being unpatentable over Saier and Ingrahm.                                                                






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