Appeal No. 1996-3887 Application 07/883,434 III. Claims 16 through 22, 42, 43, 46 and 47 under 35 U.S.C. § 112, second paragraph. IV. Claims 16, 46 and 47 under 35 U.S.C. § 112, second paragraph. V. Claims 46 and 47 under 35 U.S.C. § 112, fourth paragraph. VI. Claims 16 through 22, 42, 43, 46 and 47 under 35 U.S.C. § 112, first paragraph (enablement, written description and best mode requirements). VII. Claims 16 through 22, 42, 43, 46 and 47 under 35 U.S.C. § 112, first paragraph (scope of enablement). We REVERSE all of the rejections. DISCUSSION Entomopathogenic nematodes of the family Steinernematidae are used as biological control agents against many insects that damage crops of agricultural importance. “These nematodes search for their insect hosts; they are highly virulent, killing most hosts within 48 hours; they are easily and inexpensively mass produced; and they have a wide range of insect hosts” (specification, page 2). According to appellants, Steinernema riobravis is a naturally occurring, but “previously unknown entomopathogenic nematode . . . which is effective as a biopesticide for the control of insects” (Id. at page 3). 35 U.S.C. § 101 35 U.S.C. § 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007