Appeal No. 94-2156
Application 07/888,366
drawn to DNA and cDNA molecules which encode a protein in view
of prior art teaching of the complete amino acid sequence of
the target protein and known methods of probing DNA libraries
with DNA segments corresponding to unique amino acid sequences
including amino acids having unique codons and isolating DNA
and cDNA, the court left one matter for the PTO to consider.
The matter was expressed as follows (id.):
Because Deuel’s patent application does not describe how
to obtain any DNA except the disclosed cDNA molecules,
[the] claims . . . may be considered to be inadequately
supported by the disclosure of the application.
Like the court in Deuel at 1560, 34 USPQ2d at 1216, we will
not address whether Claim 4 presently on appeal satisfies the
enablement requirement of § 112, first paragraph, but will
leave to the examiner whether any further rejection is
appropriate.
4. Conclusion
We reverse the examiner’s rejection of Claims 3 and 4
under 35 U.S.C. § 103 over the combined teachings of Walujono,
Broekaert, and Weissman.
We reverse the examiner’s rejection of Claim 3 under
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