Ex parte RAULSTON et al. - Page 3




              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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