Ex parte RAULSTON et al. - Page 6

              Appeal No. 1996-3887                                                                                        
              Application 07/883,434                                                                                      
                     from the environment, the nematodes may then be reared in vivo in                                    
                     susceptible host insects such as H[elicoverpa] zea prepupae or pupae  . . .                          
                     the nematodes may also be produced on a large scale using in vitro rearing                           
                     techniques . . . In accordance with either technique, the nematodes may be                           
                     subsequently harvested and collected in pure or substantially pure form.                             
              Example 1, on page 10 of the specification, outlines the process of extracting the                          
              nematodes from the soil samples using a “bait and trap” technique:                                          
                     Nematode Extraction and Culture.  A previously unknown nematode of the                               
                     genus Steinernema, subsequently identified as S. riobravis, was isolated                             
                     from soil samples taken from corn plots after harvest . . .                                          
                     H. zea prepupae were used as trap hosts for this experiment.  Approximately                          
                     1 kg of a Hidalgo sandy loam soil, was collected at each sample site from                            
                     the top 10-15 cm of soil.  Five prepupae were placed at the bottom of a 30-                          
                     cm diam ceramic pot, covered with moist soil excavated from the corn plots,                          
                     and incubated at about 23EC for 7 d.  Dead prepupae were transferred to                              
                     [traps] and infective juveniles (IJ) of the nematode were collected 10-14 d                          
                     after exposure to the soil sample.                                                                   
                     The Steinernema nematodes were cultured in vivo in the laboratory using H.                           
                     zea prepupae as a susceptible host.  Following harvest the nematodes were                            
                     suspended in 50 ml of water and stored . . .                                                         
                     In light of this disclosure, we agree with appellants that one skilled in the art would              
              interpret “isolated from the environment” as describing S. riobravis “free from or isolated                 
              from its natural surroundings,” and that “any composition of S. riobravis which is naturally                
              occurring would not fall within the scope of the claims.”  Reply Brief, paper no. 16,                       
              December 27, 1994, pages 19-20.                                                                             
                     We hold that the claimed composition comprising Steinernema riobravis “isolated                      
              from the environment” combined with an inert carrier is, like Bergy’s bacterial culture, a                  


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