Ex parte BRENNER et al. - Page 11




          Appeal No. 98-1012                                                          
          Serial No. 08/117,342                                                       




                                     DISCUSSION                                       
                    2                                                                 
          Enablement                                                                  

               The crux of examiner=s position is that claim 5 does not recite        
          the concentration at which Cefsulodin suppresses non-coliform               
          bacteria but not coliform bacteria. Furthermore, the                        
          specification does not provide the necessary information to                 
          determine the appropriate level for achieving that result.                  


               In considering this issue, we note that appellants are                 
          not required to disclose every concentration encompassed by                 
          the                                                                         


          claims. See In re Angstadt, 537 F.2d 498, 190 USPQ 214 (CCPA                
          1976). However, there must be sufficient disclosure, either                 
          through illustrative examples or terminology to teach those of              
          ordinary skill in the art how to make and use the invention as              
          broadly as it is claimed. See In re Vaeck, 947 F.2d 488, 20                 




                                          11                                          





Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: November 3, 2007