Appeal No. 2006-3250 Page 6
Application No. 10/468,562
producing D-pantothenic acid. Figure 1 of Baigori (page 4241) outlines the
metabolic pathway for the production of D-pantothenate in E. coli and S.
typhimurium.4 In addition, Baigori teach a number of genes involved in the
synthesis of D-pantothenate, which include pan B, pan C, pan D, and pan E. Id.
See also also Hikichi, column 7, lines 27-31.
According to the Examiner (Answer, bridging paragraph, pages 3-4),
Hikichi discloses a fermentation method for producing D-pantothenic acid or
calcium D-pantothenate. In this regard, the Examiner finds (id.), Hikichi discloses
a method wherein E. coli are cultured in the presence of β-alanine, then passing
the culture medium over an anion exchange column, eluting D-pantothenate from
the column and drying the D-pantothenate.
The Examiner recognizes (Answer, page 4), however, that Hikichi differs
from Appellants’ claimed invention by not disclosing:
1. the use of an organism of the Bacillaceae family (e.g., Bacillus subtilis);
using a culture medium that does not contain β-alanine; and
2. the use of a calcium or magnesium halide or organic salt to elute D-
pantothenate from the anion exchange resin.
To make up for these deficiencies in Hikichi, the Examiner relies on Baigori and
Hoffman-La Roche.
The Examiner finds (id.), Baigori teaches that Bacillus subtilis “produces
its own β-alanine from aspartic acid . . .”, and that D-pantothenic acid can be
produced by culturing Bacillus subtilis in the absence of β-alanine. The
Examiner, however, fails to appreciate that Baigori also teaches that E. coli, the
4 Baigori also teaches that S. typhimurium is capable of reducing ketopantoate to pantoate by
both ketopantoate reductase (the product of the pan E gene) and acetohydroxy acid isomerase
(the product of the ilvC gene). Baigori, page 4241, bridging paragraph, column 1 – column 2.
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