Ex parte TODARO et al. - Page 8




                  Appeal No. 1996-2538                                                                                                                    
                  Application 08/097,869                                                                                                                  


                  presents data which indicate that the hybrid cytokines prepared had activity levels                                                     
                  approximately equivalent to leukemia inhibitory factor (LIF) in supporting the growth of                                                
                  7TD1 cells.  Therefore, the declaration can be viewed as demonstrating that claimed                                                     
                  hybrid cytokines can be made and used for supporting the growth of 7TD1 cells                                                           
                           For the reasons, we reverse the examiner’s rejection under 35 U.S.C.  112, first                                              
                  paragraph (enablement).                                                                                                                 
                                                               REVERSED                                                                                   














                                                                                          )                                                               
                                             Sherman D. Winters                                    )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             William F. Smith                                      )                                                      
                                             Administrative Patent Judge                           )   APPEALS AND                                        
                                                                                                   )                                                      
                                                                                                   ) INTERFERENCES                                        

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