Appeal No. 1996-3170
Application No. 08/180,371
Claims 45 - 48 read as follows:
45. A purified and isolated protein having a peptide sequence consisting of
amino acids 6 through 75 as shown in SEQ ID NO. 6.
46. A pharmaceutical composition consisting essentially of the protein
according to claim 45 in a pharmaceutically-acceptable carrier.
47. The protein according to claim 45 further consisting of a label.
48. The protein according to claim 45 attached to a support.
GROUND OF REJECTION
Claims 45 - 48 stand rejected under 35 U.S.C. § 112, first paragraph, as being non-
enabled by the specification.
We reverse.
BACKGROUND
The applicant describes the invention, as presently claimed, at page 2 of the
specification as being directed to an isolated polypeptide which is a T cell-derived colony
stimulating factor (TC-CSF) having biological or immunological activity.
DISCUSSION
The rejection under 35 U.S.C. § 112, first paragraph
Claims 45 - 48 stand rejected under 35 U.S.C. § 112, first paragraph, as being
based on a non-enabling disclosure. The issue, as framed by the examiner, is whether
appellant's "specification teaches how to use the invention now claimed in the manner
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