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 12Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007