Interference 102,760
potentially effective drugs having similar chemical structure
would have been considered undue.
For example, In re Vaeck, 947 F.2d 488, 20 USPQ2d 1438
(Fed. Cir. 1991), teaches at 496, 20 USPQ at 1445 (footnote
omitted):
[W]e do not imply that patent applicants in art areas
currently denominated as “unpredictable” must never
be allowed generic claims encompassing more than the
particular species disclosed in their specification.
. . . However, there must be sufficient disclosure,
either through illustrative examples or terminology,
to teach those of ordinary skill how to make and use
the invention as broadly as it is claimed. This means
that the disclosure must adequately guide the art worker
to determine, without undue experimentation, which
species
among all those encompassed by the claimed genus possess
the disclosed utility.
PPG Indus., Inc. v. Guardian Indus. Corp., 75 F.3d 1558,
37 USPQ2d 1618 (Fed. Cir. 1996), states at 1564, 37 USPQ2d
at 1623:
In unpredictable art areas, this court has refused to
find broad generic claims enabled by specifications that
demonstrate the enablement of only one or a few
embodiments
and do not demonstrate with reasonable specificity how to
make and use other potential embodiments across the full
scope of the claim. See, e.g., In re Goodman, 11 F.3d
1046,
1050-52, 29 USPQ2d 2010, 2013-15 (Fed. Cir. 1993); Amgen,
Inc. v. Chugai Pharmaceutical Co., 927 F.2d 1200, 1212-
14,
18 USPQ2d 1016, 1026-28 (Fed. Cir.), cert. denied, 502
U.S.
27
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