Appeal No. 94-3255
Application 07/673,264
is directed to a “corresponding environmental isolate of
Bacillus MGA3 having all of the identifying characteristics of
Bacillus MGA3.” Before one can begin to determine which
bacteria are encompassed by “corresponding environmental
isolates,” it is necessary first to understand what the
appellants intend by “having all the identifying
characteristics of MGA3.” Here, we part company with our
colleague's analysis. According to the concurring opinion,
the identifying characteristics of Bacillus MGA3 are listed in
Table 1 on p. 8 of the specification. Concurring opinion, p.4
7. We disagree. Rather, we direct attention to the title of
the referenced table, “Characteristics of Type I
Methylotrophic Bacillus,” which, on its face, indicates that
it does not list all the “identifying characteristics of
Bacillus MGA3.” According to the specification, Bacillus MGA3
is a member of a genus of microorganisms which exhibit the
characteristics listed in the table. Specification, p. 7.
4We note that the specification contains two tables
labeled “Table 1.” We direct attention to pp. 8 and 25. In
the event of further prosecution of this application, the
appellants should correct this error.
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