Appeal No. 1996-3887
Application 07/883,434
the nematodes out in the field and the instant specification discloses no
apparent difference as to any insecticidal or biopesticidal difference of the
“isolated from the environment” nematode as compared to the nematode out
in the field.
Needless to say, the examiner has not explained why appellants’ specific
assurances for the deposit of Steinernema riobravis with a recognized International
Depository Authority “upon indication of allowability and before payment of the Issue Fee”
(Brief, paper no. 14, page 5) do not satisfy the requirements of 35 U.S.C. § 112, first
paragraph.
The rejection of claims 16 through 22, 42, 43, 46 and 47 under 35 U.S.C. § 112,
first paragraph, is reversed.
CONCLUSION
Each of the rejections of the claims under 35 U.S.C. §§ 101; 102(b); 112, second
paragraph; and 112, first paragraph, is reversed.
REVERSED
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