Appeal No. 1995-1989
Application 07/850,142
Sevier, et al. (Sevier), “Monoclonal Antibodies in Clinical Immunology,” Clin. Chem., Vol.
27, No. 11, pp. 1797-1806 (1981).
Henry, “Acute Phase Reactants,” Clinical Diagnosis and Management:, 17th Edition,
W.B. Saunders Co., p. 213 (1984).
Sigma Chemical Company Catalog, pp. 709-12 (1987).
The claims stand rejected as follows:
I. Claims 80 through 89, 93 through 98 and 105 stand rejected under
35 U.S.C. § 112, first paragraph, as being based on a non-enabling disclosure.
II. Claims 80, 81, 87 through 89, 93 and 105 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Behan in view of Sevier.
III. Claims 93, 98, 103 through 105 and 108 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Cooper in view of Sevier.
IV. Claims 93 through 97, 99 through 102 and 105 through 107 stand rejected
under 35 U.S.C. § 103 as being unpatentable over the Sigma catalog in view of Sevier.
We reverse.
Rejection I
In the case before us, the examiner contends that the specification does not provide
an enabling disclosure “for any and all monoclonal antibodies” having the claimed
properties, or “for a method for aiding in diagnosing AD using such monoclonal antibodies
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