Appeal No. 1996-1042
Application No. 07/810,138
asporogenous strain Bacillus subtilis SMS275 having a
frequency of reversion to spore formers of less than 10 . It-8
is apparent, therefore, that the claimed strain of Bacillus
subtilis has a lower reversion rate (frequency of reversion to
spore formers of less than 10 ) than those strains disclosed-8
in the "primary" references (frequency of reversion to spore
formers as low as 10 ). Where, as here, the examiner does not-7
adequately consider all of the claim limitations, and does not
adequately consider the claimed subject matter as a whole,
this constitutes reversible error and we shall not sustain the
prior art rejections under 35 U.S.C. § 103.
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