Appeal No. 94-3255
Application 07/673,264
however, the term “have” does not preclude their having
additional characteristics. And, while Bacillus MGA3 exhibits
an aberrant form in cultural smears, the term “exhibits” does
not preclude the bacterium from having additional
characteristics.
Thus, in reading the claim in light of the specification,
we do not find that the indefiniteness issue is resolved.
That is, in reading the specification, nowhere do we find a
disclosure as to what constitutes “all the identifying
characteristics of Bacillus MGA3.” What are all the
characteristics of Bacillus MGA3? Do the appellants intend
the results of the characterization tests set forth on pp. 21-
26 of the specification to describe “all the identifying
characteristics
of Bacillus MGA3?” Do the appellants intend the list of
characteristics set forth in Table 1 and the characteristic of
having an occasional pleomorphic cell present in cell
cultures, to be a description of all the identifying
characteristics of Bacillus MGA3? If so, what is the
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