Appeal No. 1996-0848
Application 07/624,053
The reference relied upon by the examiner is:
Jones et al. (Jones), "Monocyte Cytotoxicity Factor (MCF) Production by Human T-cell
Hybridoma," Immunobiol., vol. 167, abstract no. 365 (1984).
Grounds of Rejection
Claims 16-22, 24-25, 27-32, 34-35, and 42 stand rejected under 35 U.S.C. § 112, first
paragraph, as being based on a non-enabling disclosure.
Claims 16-22, 24-25, 27-32, 34-35, and 42 stand rejected under 35 U.S.C. § 112,
second paragraph, as failing to particularly point out and distinctly claim the invention.
Claims 16-22, 24-25, 27-32, 34-35, and 42 stand rejected under 35 U.S.C. § 102 (b).
As evidence of anticipation, the examiner relies upon Jones.
We reverse.
Background
The applicant describes the invention, as presently claimed, at page 9 of the
specification as being directed to a continuous cell line, as well as a method of generating
a continuous cell line, which produces a human monocyte cytotoxicity inducing factor
(MCF) that is capable of inducing human monocytes to a cytotoxic state, wherein the cell
line is produced by a process which includes the steps of immortalizing human T-cells to
produce continuous cell clones, identifying a clone which produces the factor, and culturing
the clone to provide the continuous cell line.
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