Appeal No. 93-3114
Application 07/825,465
on cattle. On that basis, applicant found that (Spec., p. 8,
lines 26-31):
. . . vaccination resulted in a statistically
significant reduction in incidence of acute foot
rot in feedlot cattle and also showed signs of
reducing severity of disease. Results show that
the BPL inactivated F. necrophorum bacterin is
efficacious against foot rot in cattle under normal
field conditions.
C. Claim interpretation
Consistent with the specification and its exemplified
success, we hold that applicant's claimed “method for treating
cattle . . . to prevent foot rot or liver necrosis comprising
administering . . . a B-propiolactone inactivated
Fusobacterium necrophorum isolate” broadly reads on
vaccinating cattle with a B-propiolactone inactivated
Fusobacterium necrophorum isolate, with or without adjuvant,
to significantly reduce the incidence of and control foot rot
or liver necrosis in cattle. Claim language is to be given
its broadest reasonable interpretation consistent with the
description of the invention in the specification. In re
Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir.
1989).
D. Findings
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