Appeal No. 1996-0848
Application 07/624,053
[t]he reference teaches production of a human T cell
hybridoma and cell lines, derived from Szeary’s syndrome
patients. The reference teaches the use of a mitogen and
production of MCF, which inherently falls within the claimed
weight ranges.
Appellant urges that Jones fails to provide an enabling disclosure and thus can not
be prior art sufficient to render the appealed claims unpatentable. In support of this
position, appellant provides the declaration of Dr. Jones filed July 20, 1989 during the
prosecution of a related application. (Revised Principal Brief, Exhibit H). The examiner
urges that these arguments and evidence are not persuasive since (Answer, page 11):
[t]he declaration does not specifically address why the abstract
does not teach a method of generating a continuous cell line
that has the capacity of producing a factor.
Yet, our reading of the declaration would indicate that appellant has pointed to several
deficiencies of the Jones abstract (Reply Brief, pages 24-25) which appear relevant to the
question of whether Jones is enabling for that which it discloses.
One such point goes to the question of whether the disclosure that "a population of
+
uniformly OKT4 lymphocytes was isolated by differential centrifugation over Percoll"
(Jones, lines 7-8) is sufficient to permit those of ordinary skill in this art to actually isolate
and identify those lymphocytes present which produce the MCF as required by the claimed
invention. The Jones Declaration at page 3 states:
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