Appeal No. 94-1483
Application No. 07/695,141
The present invention includes soluble, single
chain T cell receptors in which the portions of the
subunit fragments used are unmodified (i.e., the
sequence used is the same as is present in the
corresponding naturally occurring T cell receptor
subunit), modified (i.e., the sequence of the
naturally occurring T cell receptor subunit has been
changed by the deletion, addition or substitution of
at least one amino acid residue, for example, by
replacing one or more hydrophobic amino acid
residues with hydrophilic amino acid residues), or a
combination of modified and unmodified subunit
fragments.
Polypeptide claims 3, 4, and nucleic acid claim 14, are
each directed to a genus of compounds seemingly unlimited in
scope because, for every antigen-MHC complex which can be
formed, there is a corresponding T cell receptor which would
comprise either Ti $ and " subunits or Ti ( and * subunits.
Each combination of Ti " and $ subunits or Ti ( and * subunits
would uniquely recognize each unique antigen.
As stated in In re Marzocchi, 439 F.2d 220, 223, 169 USPQ
367, 369 (CCPA 1971):
[A] specification disclosure which contains a
teaching of the manner and process of making and
using the invention in terms which correspond in
scope to those used in describing and defining the
subject matter sought to be patented must be taken
as in compliance with the enabling requirement of
the first paragraph of § 112 unless there is reason
to doubt the objective truth of the statements
contained therein which must be relied on for
enabling support. Assuming that sufficient reason
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