Appeal No. 95-4692
Application 08/141,316
subject matter on appeal and are attached as an appendix to
this
opinion.
The references relied on by the examiner are:
Terahara et al. (Terahara ‘227) 4,346,227 Aug. 24,
1982
Terahara et al. (Terahara ‘859) 4,537,859 Aug. 27,
1985
American Type Culture Collection (ATCC), “Catalogue of
Bacteria and Phages”, Seventeenth edition, pages 16 and 190
(1989)
The claims stand rejected as follows:
I. Claims 1 through 18 stand rejected under 35 U.S.C.
§ 112, first paragraph, as being based on a specification
which fails to provide an enabling disclosure.
II. Claims 1 through 18 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Terahara ‘227 and Terahara
‘859 and pp. 16 and 190 of the ATCC catalogue.
We reverse.
Background
2
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