Ex Parte KANDIL et al - Page 8


                 Appeal No.  2002-0616                                                         Page 8                    
                 Application No.  08/693,052                                                                             

                        In addition, the examiner appears to be asserting, that the teaching of a                        
                 specific combination of adjuvants, such as those taught by Gupta, Richards and                          
                 Masihi, would render obvious any combination of adjuvants.  However, a broad                            
                 disclosure of a genus does not render any species that falls within it obvious.                         
                 See In re Jones, 958 F.2d 347, 350, 21 USPQ2d 1941, 1943 (Fed. Cir. 1992); In                           
                 re Baird, 16 F.3d 380, 382-83, 29 USPQ2d 1550, 1552 (Fed. Cir. 1994).                                   



































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