Appeal No. 1996-2229
Application 08/196,748
drawn to purified LTC synthase where the enzyme is purified to
4
homogeneity. See particularly, these passages in the
specification: Abstract of the Disclosure; Summary of the
Invention, page 2, lines 13-16; and Example 1 at page 21, where a
single polypeptide of 18 kDa is obtained on silver stained SDS-
polyacrylamide denaturing gels.
In our judgment, claim 1, read in light of the application
disclosure, reasonably apprises those skilled in the art that
appellant's invention is LTC synthase purified to homogeneity
4
and substantially free of other contaminants. That is the
broadest reasonable interpretation of the claim language “LTC4
synthase, in substantially free form, having a molecular weight
of 18 kDa as determined on silver stained SDS-polyacrylamide
denaturing gel.”
35 U.S.C. § 112, SECOND PARAGRAPH
Claims 1 through 4 stand rejected under 35 U.S.C. § 112,
second paragraph, as indefinite in view of the phrase “in
substantially free form.” This rejection is reversed. For the
reasons already discussed, we conclude that appellant's claims
are drawn to LTC synthase purified to homogeneity, having a
4
molecular weight of
4
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