Appeal No. 1998-1855 10
Application No. 08/459,537
for the inclusion of steps which do not materially affect the basic and novel characteristics
of the claimed method.” See Ex parte Hoffman, 12 USPQ2d 1061, 1063-64 (Bd. Pat.
App. & Int. 1989).
As to the phrase, “critical bacterial population size,” we find the disclosure in the
specification, page 48 together with the data in Table 2 sufficient to understand that the
rate of oxidation occurs in less time as compared with bacteria used in an alternative
manner. On this record, we accordingly conclude that the specification provides a
reasonable standard for understanding the metes and bounds of the terms, supra when
the claim is read in light of the specification. Seattle Box Co. v. Industrial Crating &
Packing, Inc., 731 F.2d 818, 826, 221 USPQ 568, 573-74 (Fed. Cir. 1984).
Accordingly, we reverse the rejection of the examiner.
The Rejection under § 103
On the record before us, the examiner relies upon a combination of at least two
references to reject the claimed subject matter and establish a prima facie case of
obviousness. The examiner’s rejection is predicated on the conclusion that, “[t]he
particulates would appear to contain less than 12% by weight moisture.” See Answer,
page 5. We disagree.
We find that Hackl is directed to the utilization of bacterial cultures including T.
ferrooxidans for oxidizing sulfur in multi-metallic sulfide ores. See Abstract, column 1,
lines 6-9, and column 3, lines 52-59. We find that the finely ground ore is leached in
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