Appeal No. 94-3255
Application 07/673,264
sustained growth at 50EC in a nutrient medium comprising 2
methanol as a source of carbon and energy and vitamin B ,
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and excreting at least about 5 g/l of lysine, aspartic
acid, phenylalanine, or tryptophan when grown on a medium
containing a nitrogen source;
(2) A biologically-pure strain corresponding
environmental isolate of Bacillus MGA3 having all of the
identifying characteristics of Bacillus MGA3;
(3) Biologically-pure, stable morphological mutants of
said Bacillus MGA3; and
(4) A corresponding environmental isolate of a
biologically-pure, stable, morphological mutant of said
Bacillus MGA3.
In breaking up the claim in this manner, it becomes
apparent that while it encompasses the strains disclosed in
the specification; viz., Bacillus MGA3, NOA2, and Gr; none are
specifically claimed. In addition, by specifically
delineating these categories, it is easier to analyze the
claim, and to determine the merits of the examiner’s
rejections.
Turning first to the examiner’s contention that the
2We note that claim 55 is directed to “nutrient media”
and “media containing a nitrogen source.” It is not clear why
the claim is directed to the plural form of this term.
Perhaps, upon return of this application to the corps, the
examiner should consider whether the use of the term “media”
is vague and confusing under 35 U.S.C. § 112, second
paragraph.
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