Appeal No. 1997-3020
Application 08/149,101
35 U.S.C. § 112, first paragraph (enablement), for the reasons stated above to the extent
the examiner's position is based upon the non-enablement of hybrid cytokines. Since the
examiner has conceded that one skilled in the art would be able to make and use the DNA
molecules recited in claims 12 through 26 and 28 to produce recombinant hybrid
cytokines, we reverse this rejection.
REVERSED
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
William F. Smith )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Fred E. McKelvey )
Senior Administrative Patent Judge )
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