Appeal No. 1997-3535
Application 08/476,394
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.
CONCLUSION
The rejection of claims 10-20 under 35 U.S.C. ' 112, first paragraph is reversed.
REVERSED
WILLIAM F. SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
TONI R. SCHEINER )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
DEMETRA J. MILLS )
Administrative Patent Judge )
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