Appeal No. 94-4260
Application 07/849,191
claim 15; nor does it provide any guidance as to how to assay
for the claimed results. That is, the specification does not
provide any assays by which one skilled in the art could
determine whether the effects of lower male hormone levels
have been offset, or even if BAG BALM has reached theŽ
papilla. Accordingly, we maintain our position that with
respect to claim 15, the appellant is “tossing out the mere
germ of an idea.” Genentech Inc. V. Novo Nordisk A/S, 108
F.3d 1361, 1366, 42 USPQ2d 1001, 1005 (Fed. Cir. 1997). The
specification “provides only a starting point, a direction for
further research.” Id.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR §
1.136(a).
DENIED
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