Appeal No. 94-3255
Application 07/673,264
growth at 50 C in nutrient media comprisingO
methanol as a source of carbon and energy and
vitamin B and excreting at least about 5 g/l
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of lysine, aspartic acid, phenylalanine, or
tryptophan when grown on a media containing a
nitrogen source.
Discussion
The examiner has intermingled her arguments with respect
to the requirements of the 35 U.S.C. § 112, first and second
paragraphs. Appellants have similarly responded.
Consequently, the issues to be considered to determine
compliance with the requirements of each paragraph and the
factual findings pertinent to each issue are out of focus. I
shall try to delineate the issues and apply the facts as they
relate to the requirements of either the first or the second
paragraph of 35 U.S.C. § 112.
Under the second paragraph of section 112, the claim must
particularly point out and distinctly claim the subject matter
applicants regard as their invention. The examiner argues
that certain terms utilized to define “[a]n amino acid
producing auxotrophic bacterium of a biologically pure strain
ribulose monophosphate pathway-utilizing bacterium Bacillus
MGA3, or biologically pure strain corresponding environmental
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