Appeal No. 94-4260
Application 07/849,191
responsible for the resultant hair growth such as “kill[ing]
or seriously weaken[ing] any bacteria about or in the papilla
and impairing its normal functioning.” Specification, p. 4.
Thus, the specification indicates that the underlying basis
for the observed physiological phenomenon can not be predicted
from the results obtained. We point to numerous cases in
which claims have been directed to, or encompassed by, a
physiological reaction, such as treating a disease or symptom,
the subject matter was found highly unpredictable and
unpredictability alone provide a reasonable doubt as to the
accuracy of broad statements made in support of the enablement
of a claim. In re Fisher, 427, F.2d 833, 839, 166 USPQ 18, 24
(CCPA 1970); In re Marzocchi, 439 F.2d 220, 223, 169 USPQ 367,
369-370 (CCPA 1971) (“In the field of chemistry generally,
there may be times when the well-known unpredictability of
chemical reactions will alone be enough to create a reasonable
doubt as to the accuracy of a particular broad statement put
forward as enabling support for a claim.”)
Moreover, we note that the specification does not provide
a single working example of the invention as described in
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