Appeal No. 94-3255
Application 07/673,264
MGA3. Rather, Category 3 encompasses Bacillus MGA3 which7
have changes in morphology, as well as other biological
properties. Since the specification only describes one
morphological mutant, the relevant inquiry, here, is: what
morphological mutants, other than strain Gr, are encompassed
by the claim? While we agree that the claim encompasses that
which the appellants appear to argue; i.e., morphological
mutants which arise within a culture of Bacillus MGA3, yet are
identical to Bacillus MGA3 in every other respect, we find the
claim vague and indefinite in that it is unclear what
additional mutants of Bacillus MGA3 the appellants intend.
The concurring opinion concludes that claim 55 is
indefinite because (i) it appears to be directed to a nutrient
medium which does not contain biotin, (ii) it appears to be
directed to a nutrient medium which includes carbon and energy
sources other than methanol, such as glucose or mannitol,
(iii) it is not clear what amounts of amino acid production
the appellants intend, and (iv) it is not clear that the
7Note the discussion above, with respect to the
indefiniteness of the phrase “having all the identifying
characteristics of Bacillus MGA3.”
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