Appeal No. 95-0976
Application No. 07/936,558
Furthermore, appellants take the position that the single
compound and the two species tested in vivo are adequate
representatives of the respective genera of compounds and
pathogens. The examiner makes no comment, beyond the
statement that the claims cover many species, to controvert
the appellants' position.
The appellants also point to the teachings of the applied
art (specifically the specifications of the two Belgian
patents) for a further showing of the reasonableness of the
claimed scope based on similar exhibitions with representative
compounds. The examiner's response is to note that in these
two publications as well, the in vivo data is limited to the
use of the same species of yeast as is shown in the instant
specification. These patents contain in vitro test data which
indicate the effectiveness of a representative compound
disclosed therein against several genera of mycogenic
pathogens.
The examiner has failed to cite references or give
specific examples from the prior art or provide scientific
reasoning that would counterbalance the reasonableness of the
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