Ex parte RAULSTON et al. - Page 12




                 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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