Appeal No. 94-3255
Application 07/673,264
environmental isolate... of Bacillus MGA3;” rather, it appears
to indicate that NOA2 is identical to Bacillus MGA3. Nowhere 6
in the specification do we find a description of what
constitutes an environmental isolate which “corresponds” to,
and which “has all the identifying characteristics of,”
Bacillus MGA3. Do the appellants intend all Type I
methylotrophic Bacillus, isolated from the environment, as
corresponding to Bacillus MGA3? All Type I methylotrophic
bacteria? What characteristics distinguish a corresponding
environmental isolate having all the characteristics of
Bacillus MGA3 from Bacillus MGA3 itself?
As to the indefiniteness of a “corresponding
environmental isolate of a biologically-pure, stable,
morphological mutant of Bacillus MGA3” in Category 4 above,
here, too, we find that the determination of the metes and
bounds of this phrase must start with an analysis of the
latter portion of the phrase; i.e., what do the appellants
intend by a biologically-pure, stable morphological mutant of
6If Bacillus NOA2 and MGA3, are identical, we find the
difference in nomenclature unclear.
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