Appeal No. 94-3255
Application 07/673,264
Thus, Table 1 (p. 8 of the specification), lists some, but not
“all the identifying characteristics of Bacillus MGA3.”
It is well established that “the analysis [of] claims
which on first reading - in a vacuum, if you will - appear
indefinite may upon a reading of the specification disclosure
or prior art teachings become quite definite. It may be less
obvious that this rule also applies in the reverse, making an
otherwise
definite claim take on an unreasonable degree of uncertainty.”
In re Moore, 439 at 1235, n.2, 169 at 238, n.2. Thus, we look
first to the specification to determine what the appellants
intend by “having all the identifying characteristics of
Bacillus MGA3.” Here, we find that the specification states,
inter alia, that “[m]icroorganisms that utilize one-carbon
compounds more than carbon dioxide (methylotrophs) are diverse
and ubiquitous.” Specification, p. 1. The specification
further states that the “methylotrophic bacterium of a
preferred embodiment of the present invention is a member of
the genus Bacillus having the characteristics as set forth in
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