Appeal No. 93-4205
Application 07/618,437
because this claim reads on a product of nature, that it falls
within the proper subject matter for patentability. See 35
U.S.C. § 101. There is no required “hand of man” aspect to
the invention described in claim 2, nor is there any
limitation as to a characteristic or utility not found in the
natural habitat of the microorganism. Diamond v. Chakrabarty,
447 U.S. 303 (1980).
Accordingly, the rejection is affirmed, in part.
The decision of the examiner is affirmed, in part.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED-IN-PART
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