Appeal No. 94-3255
Application 07/673,264
least about 5 g/l of lysine, 5 g/l of aspartic acid, 5 g/l of
phenylalanine or 5 g/l of tryptophan when grown on “a media”
containing a nitrogen source. It is not clear from the
specification that the functional limitations on production of
the specified amino acids apply where the bacteria grows in
media comprising methanol as a sole carbon and energy source
with biotin, and vitamin B , in media comprising methanol as a
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carbon and energy source with biotin, and vitamin B , or in
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any other media. Moreover, the claim is itself unclear and
the specification does not help clarify what minimum quantity
of lysine, aspartic acid, phenylalanine “or” tryptophan
production in what kind of media satisfies the functional
limitations in the claim.
Because the functional criteria by which the claimed
amino acid producing auxotrophic bacteria are defined are
inconsistent with the description of the properties of the
novel auxotrophic bacteria described in the specification, it
is my view that persons skilled in the art reasonably would
not have understood and could not have readily identified the
amino acid producing auxotrophic bacteria encompassed by Claim
55. This holding is sound whether or not appropriate screen
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