Appeal No. 1997-3951
Application 08/238,987
Ex parte Jackson, 217 USPQ 804, 807 (1982).
Our appellate reviewing court has also indicated in In re Wands, 858 F.2d 731,
737, 8 USPQ2d 1400, 1404 (Fed. Cir. 1988):
Factors to be considered in determining whether a disclosure would
require undue experimentation have been summarized by the board
in Ex parte Forman, [230 USPQ 546, 547 (Bd.Pat.App. & Int. 1986)].
They include (1) the quantity of experimentation necessary, (2) the
amount of direction or guidance presented, (3) the presence or
absence of working examples, (4) the nature of the invention, (5) the
state of the prior art, (6) the relative skill of those in the art, (7) the pre-
dictability or unpredictability of the art, and (8) the breadth of the
claims. (footnote omitted).
In concluding that appellants have not provided sufficient guidance to enable one
skilled in the art to make and use the claimed invention, the examiner has not taken into
account on this record the disclosure at page 23 of the specification wherein appellants
instruct:
The Protein C blocking agent is prefereably administered in combination with a
cytokine that stimulates natural killer and lymphokine-activated killer cell-mediated cytotoxicity,
activates macrophages, stimulates Fc receptor expression on mononuclear cells and
antibody-de[pendent cellular cytotoxicity, enhances HLA class II antigen expression, and/or
stimulates procoagulant activity, such as tumor necrosis factor (TNF), interleukin-1 (IL-1),
interleukin-2 (IL-2), gamma interferon (gamma-IFN), or granulocyte-macrophage colony
stimulating factor (GMCSF). Alternatively, an agent such as endotoxin, or the purified
liposaccharide (LPS) from a gram negative bacteria such as E. coli, can be used to elicit
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