Appeal No. 94-3255
Application 07/673,264
Table 1.” Specification, p. 7. The specification still5
further states that Bacillus strain MGA3 exhibited the
characteristics indicated in Table 1 and was further
characterized “by an aberrant form in which very large and
pleomorphic cells were occasionally visible in smears of
strain MGA3 cultures.” Specification, para. bridging pp. 8-9.
Finally, the specification describes numerous characterization
tests of Bacillus MGA3 on pp. 21-26.
In considering these statements, we also note that the
specification uses the term “having” and “exhibits” in
referring to the methylotrophic bacteria of a preferred
embodiment of the present invention and Bacillus MGA3,
respectively. Specification, pp. 7-9. In our view, these
terms are “open” in the sense that the bacteria described
therein “have” or “exhibit” the cited characteristics, as well
as additional characteristics. That is, methylotrophic
Bacillus “have” the characteristics set forth in Table 1,
5Here, the specification refers to the Table 1 set forth
on p. 8. Unless otherwise indicated, when the Table 1 is
referred to, we intend the table on p. 8 of the specification.
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