Appeal No. 94-3255
Application 07/673,264
clarified the skilled artisan’s recognition, understanding,
and/or identification of the auxotrophic bacteria encompassed
by the claims. The claimed auxotrophs are not simply
auxotrophs of deposited bacterium MGA3, auxotrophs of
biologically pure strain corresponding environmental isolate
of bacterium MGA3 having the identifying characteristics of
bacterium MGA3 that are listed in Table 1 on page 8 of the
specification, or auxotrophs of biologically pure strain
stable morphological mutants of said bacterium MGA3 or its
corresponding environmental isolate, they are auxotrophic
bacteria which (Claim 55):
(a) exhibit “sustained growth at 50 C in nutrientO
media comprising methanol as a source of carbon and energy and
vitamin B ,” and
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(b) excrete “at least about 5 g/l of lysine, aspartic
acid, phenylalanine, or tryptophan when grown on a media
containing a nitrogen source.”
While I agree with the majority that appellants’
specification does not “conclude with one or more claims
particularly pointing out and distinctly claiming the subject
matter which the applicant regards as the invention” as the
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