Appeal No. 1997-3378
Application 08/487,946
method of producing citric acid comprising inoculating a citric acid accumulating strain
and hydrocarbon assimilating strain of a yeast belonging to the genus Candida, was
enabled by specification generally directed to the genus Candida, with no deposited
Candida strains).
The appellants submit that the specific monoclonal antibodies of the present
invention can be used by the skilled artisan to isolate the claimed DADHs without undue
experimentation. The examiner has failed to establish, or put forth contrary fact or
argument in view of appellants rebuttal argument, why one of ordinary skill in the art would
require undue experimentation to practice the claimed invention. Moreover, it would
reasonably appear that all that is required for one of ordinary skill in the art to practice the
claimed method within the scope of the claim, is a single DADH enzyme possessing the
claimed characteristics, which is clearly enabled by the specification at page 32, Table 1.
On this basis, we hold that the examiner has not established a prima facie case of lack of
enablement.
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