Appeal No. 1997-3370
Application 08/472,599
appellants submit that the specific monoclonal antibodies of the present invention can be
used by the skilled artisan to isolate the claimed DADH without undue experimentation.
In view of the above rebuttal argument, it is not clear why one of ordinary skill in the art
would require undue experimentation to practice the claimed invention. On this record, it
would appear that the experimentation required to obtain the claimed DADHs within the
claim scope would have amounted to no more than simple screening on the part of one of
ordinary skill in the art. Tabuchi v. Nubel, 559 F.2d 1183, 1186, 194 USPQ 521, 523
(CCPA 1977); [Claim to a method of producing citric acid comprising inoculating a citric
acid accumulating strain and hydrocarbon assimilating strain of a yeast belonging to the
genus Candida, was enabled by specification generally directed to the genus Candida,
with no deposited Candida strains.] On this basis, we hold that the examiner has not
established a prima facie case of lack of enablement.
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