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
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