Appeal No. 94-1483
Application No. 07/695,141
material coding for soluble, single chain T-cell receptors for
a wide variety of different antigens. With respect to all
antigens except fluorescein, the specification does not set
forth a precise definition of the genetic material involved,
e.g., by the description of a representative number of
nucleotide sequences. Therefore, consistent with the
principles enunciated in Univ. of Cal., 119 F.3d at 1566-69,
43 USPQ2d at 1404-07, we find that claims 14 through 16, 18,
20 through 22, 24 through 28, and 32 through 34 fall short of
complying with the written description requirement of the
statute because appellants' specification does not provide the
kind of specificity necessary to support them.
Enablement Requirement, 35 U.S.C. § 112, First Paragraph
Claims 2 through 16, 18, 20 through 22, 24 through 28 and
31 through 34 are rejected under 35 U.S.C. § 112, first
paragraph, as based on a non-enabling disclosure.
The claimed invention is directed to a soluble, single
chain polypeptide comprising a Ti $ subunit fragment joined to
a Ti " subunit fragment by an amino acid linker (claim 3) and
a similar soluble, single chain polypeptide comprising a Ti (
subunit fragment joined to a Ti * subunit fragment, also by an
-6-
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007