Ex parte REINHERZ et al. - Page 11




          Appeal No. 94-1483                                                          
          Application No. 07/695,141                                                  


               the DNA sequence coding for the single chain T cell                    
               receptors.                                                             
          In addition, the specification indicates at page 12, lines 22               
          through 31 that:                                                            
               It should be understood that the methodology                           
               described herein can be used to prepare soluble,                       
               single chain T cell receptors derived from animal                      
               species other than humans, and soluble, single chain                   
               T cell receptors for a wide variety of different                       
               antigens, for example, fluorescein, foreign major                      
               histocompatability molecules (MHC) and peptide                         
               antigens in the context of MHC molecules.  These                       
               variations are included within the scope of the                        
               present invention.                                                     
               In sum, appellants have described a single specific                    
          nucleic acid coding for unique Ti " and $ subunits.  In order               
          to make and use other soluble, single chain polypeptides or                 
          corresponding nucleic acids according to the present                        
          invention, appellants refer one skilled in the art to                       
          conventional "methodology."                                                 
               As explained in PPG Indus. Inc. v. Guardian Indus. Corp.,              
          75 F.3d 1558, 1564, 37 USPQ2d 1618, 1623 (Fed. Cir. 1996):                  
               In unpredictable art areas, this court has refused to                  
               find broad generic claims enabled by specifications that               
               demonstrate the enablement of only one or a few                        
               embodiments and do not demonstrate with reasonable                     
               specificity how to make and use other potential                        
               embodiments across the full scope of the claim.  See,                  
               e.g., In re Goodman, 11 F.3d 1046, 1050-52, 29 USPQ2d                  
               2010, 2013-15 (Fed.  Cir. 1993); Amgen, Inc. v. Chugai                 
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