Appeal No. 94-3255
Application 07/673,264
the field of chemistry generally, there may be times when the
well-known unpredictability of chemical reactions will alone
be enough to create a reasonable doubt as to the accuracy of a
particular broad statement put forward as enabling support for
a claim.”
Although the appellants’ specification describes the
construction of two mutants, Gr 7/30-15 #2 and NOA2 8/16-5,10
which are capable of excreting at least about 5 g/l lysine,
the examiner should consider whether the specification
provides any teachings or guidelines as to the construction of
auxotrophic mutants which are able to secrete at least about 5
g/l of the other amino acids listed in the claim. That is,
the examiner should consider whether the construction of two
mutants which are capable of excreting at least about 5 g/l
lysine would have enabled one skilled in the art to “make”
auxotrophic mutants of Bacillus MGA3 which are capable of
excreting 5 g/l of aspartic acid, etc. Does the specification
give adequate guidance which would lead such persons toward
success in making all of the auxotrophic mutants encompassed
10Specification, Table II, p. 32.
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