Ex parte HANSON et al. - Page 39




          Appeal No. 94-3255                                                          
          Application 07/673,264                                                      


          second paragraph of section 112 requires,  it is not clear to14                                 
          me that the claims are limited to the inventions described in               
          the specification.  For example, the specification states:                  
                    This invention relates to production of amino acids               
               using auxotrophic mutants of a methylotrophic Bacillus                 
               [(Spec., p. 1, lines 13-14)].                                          



                    We have discovered a biologically pure strain of a                
               type I methylotrophic bacterium of the genus Bacillus                  
               which exhibits sustained growth at 50 C in nutrient media0                                 
               comprising methanol as a source of carbon and energy,                  
               vitamin B  and biotin [(Spec., p. 2, line 30, to p. 3,                 
                        12                                                            
               line 2)].                                                              
                                       .  .  .                                        
               In a preferred embodiment, an amino acid                               
               auxotroph of the biologically pure strain type I                       
               methylo-trophic bacteria of the genus Bacillus                         
               produces at least one amino acid when cultured                         
               at 50 C in an aqueous nutrient media having a0                                                                 
               carbon and energy source, preferably methanol, a                       
               nitrogen source, vitamin B  and biotin [(Spec.,                        
                                         12                                           
               p. 3, lines 7-13)].                                                    
                                       .  .  .                                        
                    We have observed that using the method of the                     

               14   It should be apparent from the majority and my                    
          opinion that, while our interpretations of the scope of the                 
          claimed subject matter differ significantly, Claim 55 clearly               
          does not particularly point out and distinctly claim the                    
          subject matter applicants regard as their invention.                        
                                         10                                           





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