Appeal No. 1997-3535
Application 08/476,394
Claim 10 is illustrative of the claims on appeal and reads as follows:
10. A method for detecting the presence of Candida organism in a host, which
method comprises the step of examining a sample from said host for the presence of D-
arabinitol utilizing D-arabinitol dehydrogenase enzyme, said enzyme being capable of
utilizing D-arabinitol as a substrate and substantially incapable of utilizing D-mannitol as a
substrate.
Grounds of Rejection
Claims 10-20 stand rejected under 35 U.S.C. ' 112, first paragraph for failing to
provide an enabling disclosure.
DISCUSSION
In reaching our decision in this appeal, we have given consideration to the
appellants= specification and claims, and to the respective positions articulated by the
appellants and the examiner. Rather than reiterate the conflicting viewpoints advanced by
the examiner and the appellants regarding the noted rejection, we make reference to the
examiner's Answer for the examiner's reasoning in support of the rejection, and to the
appellants= Brief for the appellants= arguments thereagainst. We have considered this
appeal in light of our decisions in related Appeal Nos. 1997-3370 (Serial No. 08/472,599
and 1997-3378 (Serial No. 08/487,976). As a consequence of our review, we make the
determinations which follow.
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