Appeal No. 94-3255
Application 07/673,264
through 54, 56 and 57 have been canceled.
Claim 55 reads as follows:
55. An amino acid producing auxotrophic bacterium of
a biologically pure strain ribulose monophosphate pathway
utilizing bacterium Bacillus MGA3, or biologically pure strain
corresponding environmental isolate of Bacillus MGA3 having
all of the identifying characteristics of Bacillus MGA3 or
biologically pure strain stable morphological mutants of said
Bacillus MGA3 or its corresponding environmental isolate, said
auxotroph exhibiting sustained growth at 50EC in nutrient
media comprising methanol as a source of carbon and energy and
vitamin B , and excreting at least about 5 g/l of lysine,
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aspartic acid, phenylalanine, or tryptophan when growth on a
media containing a nitrogen source.
Claim 55 stands rejected under (i) the second paragraph
of 35 U.S.C. § 112 as failing to particularly point out and
distinctly claim the subject matter which the appellants
regard as the invention, and (ii) the first paragraph of §
112, as the claim is not supported by an enabling disclosure
and an adequate written description.
The examiner does not rely on any references to support
the rejections.
We have carefully considered the entire record which
includes, inter alia, the specification, the appellants’
Brief, Reply Brief and Supplemental Reply Brief, as well as
the examiner’s Answer and Supplemental Answer. We affirm the
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