Appeal No. 1997-2372
Application 08/083,945
terminal region of AAMP-1) and its fragment (SEQ ID Nos: 4 and 6). Specification page
26, lines 4-15. The specification Figures 4 and 5 describe AAMP heparin binding and
2
heparin inhibition of cell adhesion to immobilized P189 peptide. These disclosed
peptides with heparin binding properties may be useful for heparin purification and
removal of heparin from solutions (specification page 13, lines 30-34).
However, the specification does not describe to those of ordinary skill in the art,
other peptides within the scope of claim 6, having 90% homology to SEQ ID NO:7 without
heparin binding ability or describe how such peptides may be used. It would also appear
that the nature of the invention, peptides having a specific functional property, is generally
an unpredictable technology.
Thus, it would reasonably appear that it would require undue experimentation on the
part of one of ordinary skill in the art to determine how to use the claimed polypeptides, in
order to practice the method of the invention within the full scope of claims 6, 10 and 35,
In this regard, the following passage from PPG Indus. Inc. v. Guardian Indus. Corp.,
75 F.3d 1558, 1564, 37 USPQ2d 1618, 1623 (Fed. Cir. 1996) is instructive here.
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
2Note, the specification indicates that the terms “AAMP” or “AAMP-1" refer to the
same polypeptide. Specification page 8, lines 26-33.
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