Ex parte GLENDENING et al. - Page 4




                     Appeal No. 94-2818                                                                                                                                                
                     Application 07/834,771                                                                                                                                            


                     reasons set forth by the examiner in the answer.  We add the                                                                                                      
                     following remarks primarily for emphasis.                                                                                                                         

                                                                                  OPINION                                                                                              
                                The first step in determining the differences between the                                                                                              
                     prior art and the claimed subject matter is to ascertain or                                                                                                       
                     interpret the scope of the claimed language.   It is well                                      4                                                                  
                     settled that, during patent prosecution, claims must be                                                                                                           
                     interpreted as broadly as their terms reasonably allow.  See                                                                                                      
                     In re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed.                                                                                                        
                     Cir. 1989).                                                                                                                                                       




                                The method of appealed claim 1 requires three steps,                                                                                                   
                     namely, providing a flexible bag, filling the bag with water,                                                                                                     
                     and metering the liquid culture medium from the bag using a                                                                                                       
                     feed line leading from the bag into the waste material over                                                                                                       
                     time to degrade the waste material, with the liquid culture                                                                                                       


                     of the answer).                                                                                                                                                   
                                4    See Graham v. John Deere, 383 U.S. 1, 148 USPQ 459 (1966), and the Manual of                                                                      
                     Patent Examining Procedure (MPEP), §2141.02, 6th ed. Rev. 3, July 1997.                                                                                           
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