Appeal No. 93-4205
Application 07/618,437
The examiner’s rejection is based on the disclosure of
the claimed Pseudomonas syringae pv. lachrymans strain by
Janisiewicz at the annual meeting of the American
Phytopathological Society in August of 1989. Answer,
paragraph bridging pp. 3-4.
The appellants do not contest that the claimed
microorganism was disclosed but, rather, they urge that the
abstract does not provide an enabling disclosure. The
appellants argue that “[t]he authors disclosed said strains
and how they could be used, but there was no disclosure as to
how one would obtain the particular microorganisms having the
properties required for the activity as described.” Brief, p.
6, lines 7-10. We agree, in part.
With respect to claim 1, we point out that it is limited
to a biologically pure culture of the Pseudomonas syringae pv.
lachrymans strain designated NRRL B-18739, which has been
deposited at the National Regional Research Center in Peoria,
Illinois. However, in view of the examiner’s insistence
during the prosecution of this application that the teachings
in the specification as to the isolation of the claimed strain
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