Appeal No. 94-1483
Application No. 07/695,141
" subunit fragment by an amino acid linker, and a
corresponding nucleic acid sequence coding therefore, while
claiming a vast array of hypothetical soluble, single chain
polypeptides and corresponding nucleic acid sequences of the
general type discussed in the specification.
For these reasons, we newly reject claims 2 through 16,
18, 20 through 22, 24 through 28 and 31 through 34 under 35
U.S.C.
§ 112, first paragraph, as based on a non-enabling disclosure.
This decision contains new grounds of rejection pursuant
to 37 CFR § 1.196(b) (amended effective Dec. 1, 1997, by final
rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct. 10, 1997), 1203
Off. Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)).
37 CFR § 1.196(b) provides, "[a] new ground of rejection shall
not be considered final for purposes of judicial review."
37 CFR § 1.196(b) also provides that the appellant,
WITHIN TWO MONTHS FROM THE DATE OF THE DECISION, must exercise
one of the following two options with respect to the new
ground of rejection to avoid termination of proceedings (37
CFR § 1.197(c) as to the rejected claims:
(1) Submit an appropriate amendment of the
claims so rejected or a showing of facts relating to
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