Bergeys Manual Of Determinative Bacteriology 9th Edition 2021
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The appellant has submitted two documents. The first document contains a copy of the cover page and page 222 from the Bergey's Manual of Systematic Bacteriology, volume 2. The second document contains two pages from the ninth edition of the Bergey's Manual of Systematics of Archaea and Bacteria (BMSAB), which are pages 179 and 180. On page 179, there is a paragraph describing a study of Escherichia hermanii, which is the type species of the genus Escherichia.
3. Each of the parties has filed a motion seeking relief from the Board's requirement of service of documents with the Board. The Board has determined that both parties will be permitted to mail their respective documents. Therefore, the appeal is set for hearing by the Board.
The BMSAB is a comprehensive e-textbook about prokaryotes and prokaryotic systems, which has been published since 1995. Every year since the initial publication of the manual, new information has been added to the existing electronic version. The addition of the new information is accomplished by the professional staff of the BMSAB at the interface between the editorial staff and the technical staff of John Wiley & Sons, Inc. The content of the database is reviewed by the editorial staff every year. The editorial staff then edits the text and the figures in order to bring the contents up to date with the latest information in the field of prokaryotic taxonomy.
26. In view of the above, we find that the information disclosed in the tables of pages 233, 234, 236 and page 222 of document D37 is substantially the same as the corresponding tables in the ninth edition of the Bergey's manual.
25. The statement in the ninth edition that no lysine decarboxylase activity has been found in 90% or more of the strains of Escherichia hermanii is the equivalent of saying that no lysine decarboxylase activity has been found in 90% or more of the strains of Escherichia hermanii. In this respect, the statement is similar to the statement in Table 5.17 of the ninth edition that no ornithine decarboxylase activity has been found in 90% or more of the strains of Escherichia hermanii.
4. The respondents at the hearing stated that the information in document D37 originates from the ninth edition of the Bergey's manual (cf. point 2 above). In Recycling BMSB-9, paragraph 74, the Board stated that the information in documents D37 and D37A (cf. point 2 above) originates from the ninth edition of the Bergey's manual.
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