Appeal No. 95-2041
Application 07/814,220
regard as their invention, nor substitute for the requirement
under 35 U.S.C. § 112, first paragraph, that the invention be
described in the as-filed specification.
2. "host having the characteristics of"
Claim 21 is indefinite in that it recites:
A bacterial host having the characteristics
of ATCC deposit No. 68425.
In pertinent part, the specification at page 26, lines 1-4
recites:
Therefore, a deposit has been made with the
American Type Culture Collection (ATCC) of
Rockville, Maryland, of the plasmid PgX28L
in the E. coli strain DH5" and has ATCC
number 68425.2
The scope of the claimed products is not clear. Which
characteristics of the deposited culture are limitations on
the claimed products? Does the claim include a bacterial host
which has been transformed with plasmid PgX28L but which is
incapable of expressing any of the DNA contained in the
2We note that the number 68425 has not actually been
inserted into page 26, line 4, of the specification, however
the direction to do so is contained in a partially entered
amendment, "Amendment A", filed January 15, 1991, Paper #2, in
parent Application No. 07/588,437.
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